2006-04-18 PacketCITY OF ALAMEDA • CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY - - - APRIL 18, 2006 - - - 5:30 P.M.
Time: Tuesday, April 18, 2006, 5:30 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 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
CITY OF ALAMEDA • CALIFORNIA
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION
TUESDAY - - - APRIL 18, 2006 - - - 5:31 P.M.
Time: Tuesday, April 18, 2006, 5:31 p.m.
Place:
Agenda:
City Council Chambers Conference Room, City Hall, corner
of Santa Clara Avenue and Oak Street.
1. Roll Call.
2. Public Comment on Agenda Items Only.
Anyone wishing to address the Commission 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: 2319 Central Avenue, Barceluna Cafe.
Negotiating parties: Community Improvement Commission and
Charles Carlise
Under negotiation: Price and terms.
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 391
2263 Santa Clara Avenue
Alameda, CA 94501
1. ROLL CALL
Tuesday, April 18, 2006
Meeting will begin at 5:32 p.m.
2. PUBLIC COMMENT ON AGENDA ITEMS ONLY
Anyone wishing to address the Board on agenda items only may speak for a
maximum of 3 minutes per item.
3. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER :
3 -A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
Property: Alameda Naval Air Station
Negotiating parties: ARRA and Navy
Under negotiation: Price and Terms
Announcement of Action Taken in Closed Session, if any.
4. ADJOURNMENT
Notes:
Sign language interpreters will be available on request. Please contact the ARRA Secretary 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 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
APRIL 18, 2006 - - - - 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 the Council may speak for a 3 minutes per agenda item
when the subject is before the Council. Please file a speaker's
slip with the Deputy City Clerk if you wish to address the Council.
SPECIAL MEETING OF THE CITY COUNCIL 5:30 P.M.
CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 5:31 P.M.
COMMISSION, CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
SPECIAL MEETING OF THE ALAMEDA REUSE AND 5:32 P.M.
REDEVELOPMENT AUTHORITY, CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 7:31 P.M.
REUSE AND REDEVELOPMENT AUTHORITY, COMMUNITY IMPROVEMENT
COMMISSION, AND HOUSING AUTHORITY BOARD OF COMMISSIONERS
CITY COUNCIL CHAMBERS, Separate Agenda
PLEDGE OF ALLEGIANCE
1. ROLL CALL - City Council
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3 -A. Proclamation declaring April 22, 2006 as Earth Day.
3 -B.
Proclamation declaring the month of April as Fair Housing
Month.
3 -C. Proclamation declaring April 25, 2006 as Equal Pay Day in the
City of 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 April 4, 2006, and the Special City Council Meeting held on
April 5, 2006. (City Clerk)
4 -B. Bills for ratification. (Finance)
4 -C. Recommendation to approve the Amended and Restated
Assistance Agreement, Attachment A to the City
Employment Agreement, and authorize the execution of
documents. (City Manager)
4 -D. Recommendation to adopt plans
Call for Bids for repair and
Phase 26, No. P.W. 03- 06 -08.
Housing
Manager
related
and specifications and authorize
resurfacing of certain streets,
(Public Works)
4 -E. Adoption of Resolution Amending the Alameda City Employees
Association (ACEA) Salary Schedule by Establishing the Salary
Range for the Classification of Permit Technician III; and
• Adoption of Resolution Amending the Management and
Confidential Employees Association (MCEA) Salary Schedule
by Establishing the Salary Range for the Classification of
Police Records and Communications Manager. (Human
Resources)
5. REGULAR AGENDA ITEMS
5 -A. Public Hearing to consider a recommendation to adopt Fiscal
Year 2006 -2007 Community Development Block Grant (CDBG) Action
Plan and authorize the City Manager to negotiate and execute
related documents, agreements, and modifications. (Development
Services)
5 -B. Public Hearing to consider an amendment to Master Fee
Resolution No. 12191 to Adjust Appeal Fees to the Planning
Board and City Council; and adoption of resolution. (Planning
and Building)
5 -C. Adoption of Resolution Adopting a "Buy Alameda" Philosophy.
(Finance)
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)
Councilmembers can address any matter, including reporting on
any Conferences or meetings attended.
7 -A. Consideration of Mayor's nominations for appointment to the
Film 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
CITY OF ALAMEDA • CALIFORNIA
SPECIAL JOINT MEETING OF THE CITY COUNCIL,
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY,
COMMUNITY IMPROVEMENT COMMISSION, AND
HOUSING AUTHORITY BOARD OF COMMISSIONERS
TUESDAY - - - APRIL 18, 2006 - - - 7:31 P.M.
Location: City Council Chambers, City Hall, corner of Santa Clara
Avenue and Oak Street.
Public Participation
Anyone wishing to address the Council /Board /Commission on agenda
items or business introduced by the Council /Board /Commission may
speak for a maximum of 3 minutes per agenda item when the subject
is before the Council /Board /Commission. Please file a speaker's
slip with the Deputy City Clerk if you wish to speak on an agenda
item.
ROLL CALL
MINUTES
Minutes of the Special Joint City Council and Community
Improvement Commission Meeting held on March 21, 2006. (City
Clerk) [City Council and Community Improvement Commission]
AGENDA ITEM
1. Discussion of City Attorney /General Counsel Legal Services and
staffing options. (City Attorney)
ADJOURNMENT
1
-4...LJ
Beverly Joh o 1Mal.r
Chair, A 11•: Reuse and
Redevelopment Authority, Community
Improvement Commission and Housing
Authority Board of Commissioners
71=Or
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Proclamation
April 22, 2006 will be the 36th annual celebration of Earth Day, and the month of April will
find many events to express environmental concern; and
Earth Day began in 1970 as a long term endeavor to build a planet that would be clean,
healthy, prosperous and sustainable; and
cities and communities can and must make major contributions to solving our environmental
and natural resource problems through land use, transportation, solid waste, wastewater
treatment, and zoning decisions that shape our environment; and
local governments currently operate numerous ride - sharing, recycling, energy and water
conservation, and hazardous waste programs that depend on widespread understanding and
participation in order to be successful; and
it is time for everyone to increase their understanding of the importance for participating in
these programs and in general respect for all our natural resources; and
Earth Day will reach beyond existing environmental constituencies to involve the broadest
possible cross - section of society including business, media, religious, political, youth,
academic and cultural leaders; and
the CITY OF ALAMEDA, together with the community, can continue to meet the challenges
sustaining our environment; and
Public Works Department, Alameda Recreation and Park Department and Alameda Power &
Telecom, are jointly sponsoring Earth Day festivities on April 22, 2006 at Washington Park;
NOW, THEREFORE, 1, Beverly Johnson, Mayor of the City of Alameda, do hereby proclaim April 22
Earth Day Alameda 2006
and pledge the City's support and invite all Alameda citizens, businesses, civic groups, government agencies,
and other organizations to participate in local and regional celebratory and educational activities.
Beverly J. Johnson
Mayor
Proclamation 3 -A
4 -18 -06
1
it w
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Proclamation
the City of Alameda is committed to addressing the rights of all citizens to have
access to fair housing; and
April 11, 2006 marks the thirty - eighth anniversary of the enactment of the Federal
Fair Housing Act of 1968, Title VIII of the Civil Rights Act, which states that
discrimination in the sale, and rental of housing based on race, religion, sex, national
origin, disability or familial status is illegal; and
California State law also protests against discrimination in housing based on marital
status, age, sexual orientation, source of income, or any arbitrary factor; and
the City Council has declared the City of Alameda a hate -free city, reflecting the
value this community places on equal opportunity for all, including
nondiscrimination in housing; and
the City of Alameda, in partnership with Sentinel Fair Housing, supports equal
opportunities in housing for all; and
in order to heighten public awareness, the City of Alameda wishes to focus public
attention on Fair Housing Month;
NOW, THEREFORE, 1, Beverly Johnson, Mayor of the City of Alameda, do hereby designate the
month of April 2006
Fair Housing Month
in the City of Alameda and encourages all citizens and community organizations to celebrate the
value of harmonious and diverse communities and to observe the mandate of the Fair Housing
Act in supporting the goal of equal housing opportunity for all people.
Beverly J. Johnson
Mayor
Proclamation 3 -B
4 -18 -06
[Hwy
Proclamation
EREAS, forty years after the passage of the Equal Pay Act and Title VII of the Civil Rights Act, women an
people of color continue to suffer the consequences of inequitable pay differentials; and
WHEREAS, according to statistics released in 2005 by the U.S. Census Bureau, year - round, full -time
workingwomen in 2004 earned only 77% of the earnings of year - round, full -time working men,
indicating little change or progress in pay equity; and
WHEREAS, according to a January, 2002 report released by the General Accounting Office (the investigative
arm of Congress), women managers in 7 of 10 industries surveyed, actually lost ground in closing
the wage gap between 1995 and 2000; and
WHEREAS, according to an analysis of data in over 300 classifications provided by the U.S. Department of
Labor Statistics in 2001, women earn less in every occupational classification for which enough
data is available, including occupations dominated by women; and
WHEREAS, the United States Department of Labor's Bureau of Labor Statistics reports that for 2004, women in
California earned eighty seven cents for every dollar earned by a man; and
WHEREAS, over a working lifetime, this wage disparity costs the average American woman and her family an
estimated $523,000 in lost wages, impacting Social Security benefits and pensions; and
WHEREAS, fair pay equity policies can be implemented simply and without undue costs or hardship in both the
public and private sectors; and
WHEREAS, fair pay strengthens the security of families today and eases future retirement costs, while
enhancing the American economy; and
WHEREAS, Tuesday, April 25th symbolizes the day in the year in which the wages paid to American women
finally catch up to the wages paid to men from the previous year, and
WHEREAS, Isle City of Alameda, the local organization of Business & Professional Women, is encouraging all
citizens, especially girls, to wear a dollar bill on her or his shirt or lapel this April 25th to raise
awareness of pay equity; now
NOW, THEREFORE, be it resolved that, I, Beverly Johnson, Mayor of the City of Alameda, do hereby proclaim
Tuesday, April 25, 2006, as
Equal Pay Day
in the City of Alameda and urge citizens to recognize the full value of women's skills and contributions to the labor
force, and further encourage businesses to conduct an internal pay evaluation to ensure its women employees are
being paid equally with their male c . orkers.
Beverly J. Johnson
Mayor
Proclamation 3 -C
4 -18 -06
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY - - - APRIL 4, 2006 - - - 5:20 P.M.
Mayor Johnson convened the Special Meeting at 5:30 p.m.
Roll Call - Present: Councilmembers deHaan, Gilmore,
Matarrese, and Mayor Johnson - 4.
Absent: Councilmember Daysog - 1.
The Special Meeting was adjourned to Closed Session to consider:
(06- ) Conference with Labor Negotiators - Agency Negotiators:
Craig Jory and Human Resources Director; Employee Organizations:
Alameda City Employees Association, International Brotherhood of
Electrical Workers, and Management and Confidential Employees
Association.
(06- ) Conference with Labor Negotiators - Agency Negotiators:
Lisa Mills; Employee: City Manager.
(06- ) Conference with Real Property Negotiator - Property: 1041
W. Midway and Various Easements in Alameda, California; Negotiating
parties: City of Alameda and Alameda Power and Telecom; Under
negotiation: Price and terms.
(06- ) Conference with Real Property Negotiator - Property:
Ballena Isle Marina; Negotiating parties: City of Alameda and
Ballena Isle Marina LLP; Under negotiation: Price and terms.
(06- ) Conference with Legal Counsel - Existing Litigation -
Name of case: Alameda Belt Line v. City of Alameda, Alameda Belt
Line v. City of Alameda, City of Alameda v. Alameda Belt Line.
i
(06- ) Conference with Legal Counsel - Existing Litigation; Name
of case; Citizens for a Megaplex -Free Alameda v. City of Alameda,
Community Improvement Commission, Planning Board, and City Council.
Following the Closed Session, the Special Council meeting was
reconvened and Mayor Johnson announced that regarding Alameda City
Employees Association, International Brotherhood of Electrical
Workers, and Management and Confidential Employees Association,
the Council obtained briefing from labor negotiators; regarding the
City Manager, the Council gave direction; regarding 1041 W. Midway
and Various Easements in Alameda, California, the Council obtained
briefing; regarding Ballena Isle Marina, the Council obtained
Special Meeting
Alameda City Council
April 4, 2006
briefing and gave directions; regarding Alameda Belt Line v. City
of Alameda, Alameda Belt Line v. City of Alameda, City of Alameda
v. Alameda Belt Line, the Council obtained briefing by the City
Attorney; regarding Citizens for a Megaplex -Free Alameda v. City of
Alameda, Community Improvement Commission, Planning Board, and City
Council, the Council obtained briefing.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 7:40 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
April 4, 2006
UNAPPROVED MINUTES
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY APRIL 4, 2006 - - - - 7:30 P.M.
Mayor Johnson convened the Regular Meeting at 7:53 p.m.
Roll Call -
AGENDA CHANGES
Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
[Note: Councilmember Daysog arrived
at 9:36 p.m.]
Absent: None.
(06- ) Mayor Johnson announced that the recommendation to
release Request for Proposals for Thin Client Public Access System
[paragraph no. 06- ] and the recommendation to release Request
for Proposals for equipment, software, and services for a computer
laboratory [paragraph no. 06- ] would be addressed with the
Library project update [paragraph no. 06-
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(06- ) Proclamation declaring April 2 through 8, 2006 as Boys
and Girls Club Week in Alameda.
Mayor Johnson read and presented the Proclamation to George
Phillips, Executive Director, Dan Nguyen, Program Director, and Tom
Sullivan, President of the Board of Directors.
Mr. Phillips thanked the Council for the proclamation; stated
General Colin Powell attended a groundbreaking ceremony; the first
round has been completed for teen participation in the Be A
Responsible Teen (BART) Program.
(06- ) Proclamation declaring April 4, 2006 as "Video Station"
Owners Appreciation Day.
Mayor Johnson read and presented the Proclamation to Ken and Peggie
Dorrance, Video Station owners.
Mr. Dorrance thanked the Council for the Proclamation; presented
the Council with hats and candy.
(06- ) Library project update.
The Project Manager provided a brief update.
Regular Meeting
Alameda City Council
April 4, 2006
1
Councilmember deHaan inquired how close the parking spaces need to
be to the Library site, to which the Project Manager responded 400
feet.
Councilmember Matarrese inquired whether the adjacent property
[Gim's] owner could be asked to stabilize the building or at least
get the building painted.
The Project Manager responded that he plans to speak to the
property owner; stated the building is leaning towards the back.
Councilmember Matarrese stated that people concerned with the
historical aspect of the building should be involved; the
development has the potential to be attractive all the way up to
Park Street.
Mayor Johnson stated that the Alameda Architectural Preservation
Society (AAPS) submitted plans [for Gim's] to the Historical
Advisory Board in January.
The Project Manager stated that AAPS submitted a development plan
for the property.
Councilmember Matarrese stated that everything should be done to
make the site look good.
The Project Manager stated that he would contact the property owner
before his next presentation to Council.
CONSENT CALENDAR
(06- ) Recommendation to release Request for Proposals for Thin
Client Public Access System for the Alameda Free Library.
(06- ) Recommendation to release Request for Proposals for
equipment, software, and services for a computer laboratory for the
Alameda Free Library.
The Project Manager provided a brief presentation.
Vice Mayor Gilmore inquired whether the computers would be leased
or purchased, to which the Project Manager responded that the
computers would be purchased.
Vice Mayor Gilmore stated that technology changes rapidly; inquired
whether leasing would be more cost - effective.
The Project Manager responded that the matter would be reviewed and
Regular Meeting
Alameda City Council
April 4, 2006
2
staff would report back to Council next month.
Vice Mayor Gilmore inquired whether the review would affect the
project's timeline, to which the Project Manager responded in the
affirmative.
The City Manager stated that she discussed the matter with the
Finance Director; leasing may not . be cost - effective; a computer
equipment replacement fund is being considered for the up- coming
budget and would cover replacements every three years.
Councilmember Matarrese inquired whether the grand opening hinged
on having the computers in place, to which the Project Manager
responded in the negative.
Councilmember Matarrese stated that the matter could be brought
back to the Council.
Councilmember deHaan inquired whether the computers are scattered
throughout the building, to which the Project Manager responded in
the affirmative.
Councilmember deHaan inquired whether the computers are a standard
model, to which the Project Manager responded in the affirmative.
Councilmember deHaan inquired whether the City partners with a
large computer company.
The Finance Director responded the City does not partner, but that
COMPAQ computers are exclusively purchased for replacement part
standardization and to allow the City to purchase at a bulk rate;
mass purchasing is usually done through the State Department of
General Services.
Councilmember deHaan inquired whether costs are similar to
educational pricing, to which the Finance Director responded in the
affirmative.
Mayor Johnson stated the Requests for Proposals should move forward
if a cost comparison has already been reviewed; inquired whether a
separate maintenance agreement would need to be purchased if the
computers are leased.
The Finance Director responded a 90 -day warranty would be issued on
leased equipment.
Councilmember deHaan inquired whether the 68 computers are the full
compliment.
Regular Meeting
Alameda City Council
April 4, 2006
3
The Project Manager responded in the affirmative; stated a Request
for Proposal would be presented to Council in May for the move.
Mayor Johnson inquired whether old computers would be moved to the
new Main Library, to which the Project Manager responded 16
computers would be moved from the Interim Library.
Councilmember deHaan moved approval of the staff recommendations.
Vice Mayor Gilmore seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Daysog - 1.]
CONSENT CALENDAR
Councilmember Matarrese moved approval of the balance of the
Consent Calendar.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Daysog - 1.]
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *06- ) Minutes of the Special and Regular City Council Meetings
held on March 21, 2006. Approved.
( *06- ) Ratified bills in the amount of $3,676,785.42.
( *06- ) Recommendation to accept the Interstate 880 /Broadway-
Jackson Interchange Feasibility Study. Accepted.
( *06 ) Recommendation to accept the work of SpenCon Construction,
Inc. for the Fiscal Year 2005 -2006 repair of concrete sidewalks,
No. P.W. 07- 05 -06. Accepted.
( *06 ) Recommendation to authorize the City of Alameda's
continued participation in the Alameda County Lead Poisoning
Prevention Program for Fiscal Year 2007 -2010. Accepted.
REGULAR AGENDA ITEMS
(06- ) Resolution No. 13938, "Appointing Arthur A. Autorino as
a Member of the Economic Development Commission." Adopted; and
(06- A) Resolution No. 13939, "Appointing Irene Balde as a
Member of the Housing Commission." Adopted.
Councilmember Matarrese moved adoption of the resolutions.
Regular Meeting 4
Alameda City Council
April 4, 2006
Vice Mayor Gilmore seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Daysog - 1.]
The City Clerk administered the Oath and presented certificates of
appointment to Mr. Autorino and Ms. Balde.
(06- ) Ordinance No. 2948, "Reclassifying and Rezoning Certain
Property Within the City of Alameda by Amending Zoning Ordinance
No. 1277, N.S., from R -4 (Neighborhood Residential) Zoning District
to R -4 -PD (Neighborhood Residential Planned Development) Zoning
District for that Property Located at 1810 and 1812 Clinton
Avenue." Finally passed.
Councilmember deHaan moved final passage of the Ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Daysog - 1.]
(06- ) Public Hearing to consider an appeal of the Planning
Board's failed motion regarding Final Development Plan FDP05 -003,
Major Design Review DR05 -0127, and Tentative Parcel Map TM05 -003
for three new commercial buildings. The property is located at 2201
Harbor Bay Parkway. Applicant: Venture Corporation;
(06- A) Resolution No. 13940, "Upholding the Appeal by Venture
Corporation for Development of Three New Commercial Buildings."
Adopted; and
(06- B) Resolution No. 13941, "Approving Final Development Plan
FDP05 -003, Major Design Review DR05 -0127, and Tentative Parcel Map
TM05 -003 with comment to work with the Planning Director on the
activity -based treatment of the green space between the walking
path and parking lot." Adopted.
The Planning Director provided a Power Point presentation.
Councilmember deHaan inquired whether the trees would be smaller to
provide a view.
The Planning Director responded that some existing trees would
remain; smaller accent trees would be used in the parking area; the
trees are arranged to ensure views; staff is working with Venture
Corporation on the final landscape plan.
Councilmember deHaan inquired whether Venture Corporation
anticipates any future condominium development after Phase 2.
Robert Eves, President of Venture Corporation, responded in the
Regular Meeting 5
Alameda City Council
April 4, 2006
negative; stated Phase 1 is completed and sold out; Phase 2 would
provide 24 office spaces; Venture Corporation does not own any more
land.
Councilmember deHaan inquired whether the same architectural design
was reviewed for both projects, to which Mr. Eves responded in the
affirmative.
Councilmember deHaan stated that he was not thrilled with having
the buildings look identical.
Mr. Eves stated that the buildings are not identical; Phase 2 color
treatments are more upscale and have more architectural texture;
the buildings are designed to maximize the views.
Councilmember deHaan inquired whether there would be access
concerns if the buildings were moved forward.
Mr. Eves responded alternative plans have been studied; Phase 2
occupants could lose views all together; at least half of Phase 1
occupants could have views blocked.
Mayor Johnson inquired whether the other speakers wished to speak
at this time.
Mr. Eves stated a presentation was planned, but the Planning
Director's presentation was done very well; Venture Corporation
representatives were present to answer any questions.
Councilmember deHaan stated that the positioning of the buildings
has been developed to maximize all tenants' views.
Mr. Eves concurred with Councilmember deHaan.
Vice Mayor Gilmore stated she did not get a sense that the Planning
Board overwhelmingly liked the alternative solutions presented by
Venture Corporation the second time; requested Mr. Eves to comment.
Mr. Eves stated that the Planning Board did not like any of the
alternatives; the consensus was that the design presented was the
best design; two Planning Board members felt the design should be
changed but were unable to provide any ideas for change; one
Planning Board member did not feel that the design was consistent
with her personal goals.
Mayor Johnson stated that she appreciates the Planning Board's
consideration of the project; she prefers that the buildings are
set back from the waterfront so that the trees and berms are
Regular Meeting
Alameda City Council
April 4, 2006
6
visible; the open space feeling is more consistent with the way the
business park was planned.
Mr. Eves stated that Alameda is a water - oriented community; every
Phase 1 property owner has a view; Phase 2 owners would also have
views.
Mayor Johnson stated the plan maximizes the views from the
buildings and also creates an open -space feeling; the designs are
nice.
Councilmember Matarrese stated the buildings all have good views;
buildings cannot be moved without compromising someone's view; some
of the green space that comprises the swail and the berms could
help contribute to the maximized use of the waterfront; a public
area would provide three picnic tables; suggested placing more
picnic tables along the front strip to provide people activity in
the green space; stated commercial condominiums are important to
the City and allow ten small owners to own space instead of just
lease.
Mayor Johnson concurred with Councilmember Matarrese; stated a
small business cannot own business property in Alameda unless
housing stock is converted.
Vice Mayor Gilmore stated if the buildings were moved up to the
property line, tonight's discussion could be addressing how to
screen the buildings from the view of people walking by; an effort
has been made to site the buildings appropriately and maximize the
views; she likes the design.
Councilmember deHaan stated that the layout maximizes the views; he
would prefer to see a change in the fagade from one vista to
another; he would like to see more design; the buildings look like
lined up boxes; he would like to see some brick treatment.
Mr. Eves stated the project is the 34th Venture Corporation Center;
projects have been immensely well received; the buildings move
forward and back with the goal of clearly distinguishing different
companies; the desire is to give the buildings a corporate feel
while providing individuality.
Councilmember deHaan stated that more design could have been given
to the building facing the street.
Mr. Eves noted that architecture is the most subjective of all art
forms.
Regular Meeting
Alameda City Council
April 4, 2006
7
Councilmember Matarrese moved adoption of the Resolutions with
comment to work with the Planning Director on the activity -based
treatment of the green space between the walking path and parking
lot.
The Planning Director stated that the landscape plan would come
back to her for approval.
Vice Mayor Gilmore seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Daysog - 1.]
(06- ) Recommendation to award Contract in the amount of
$1,246,200.00 to East Bay Construction Company, Inc. for the
construction of the 4 -acre Bayport Park.
The Redevelopment Manager provided a brief presentation.
Councilmember Matarrese stated that the staff report indicates that
the clarifications are non - substantive; requested a review of the
issues.
The Redevelopment Manager responded four issues were raised: 1) bid
pricing was not provided in both words and figures, 2) sub-
contractors were not listed for each portion of the work, 3) the
supplier was not listed for the restroom, and 4) Disadvantage
Business Enterprise status was not provided.
Wayne Tolman, Goodland Landscape Construction, submitted a handout;
reviewed the issues for the bid protest.
Tom Wortham, Goodland Landscape Construction owner, outlined the
irregularities in the bid documents submitted by East Bay
Construction.
In response to Mayor Johnson's request for clarification of the bid
protest issues, the City Attorney stated that a review of the
issues indicate the four bidding defects amount to bidding
irregularities and do not create an unfair advantage; stated
Alameda is a Charter City and is not covered by the Public Contract
Code.
Councilmember deHaan inquired whether the additional information
provided tonight could be a concern.
The City Attorney responded the bid amount did not change; the
substance of the bid document is correct.
The Redevelopment Manager stated that the word "altered" is not
Regular Meeting
Alameda City Council
April 4, 2006
8
correct; a clarification was submitted for the sub - contractor
omissions.
Vice Mayor Gilmore inquired whether the list of sub - contractors
changed after the bid opening day, to which the Redevelopment
Manager responded in the negative.
Councilmember Matarrese stated that he is concerned with the
contractor's ability to put the necessary attention into the detail
of the project.
Mayor Johnson stated that the matter is a legal issue.
Councilmember Matarrese stated contractors may bid higher if the
City has a bad reputation.
Mayor Johnson stated contractors might not bid at all; she is
uncomfortable with rejecting bids if the bidding process complies
with all legal requirements; everyone's numbers have been exposed.
Councilmember deHaan inquired whether the Redevelopment Manager
would like to review any legal aspects and how a delay would affect
the schedule.
The Redevelopment Manager responded the schedule is tight;
substantial completion is anticipated by the end of July.
The City Council went on to address other agenda items and resumed
discussion in the middle of the Report on AC Transit [paragraph no.
06- 1.
* **
The City Attorney announced that the staff recommendation would be
changed to reject all bids.
Councilmember Matarrese moved approval of the revised staff
recommendation to reject all bids and requested that the bidding
process be expedited.
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
Councilmember Daysog inquired what are the reasons for rejecting
the bids.
Regular Meeting
Alameda City Council
April 4, 2006
9
The City Attorney stated that attempts were unsuccessful to
corroborate the bidding process information with East Bay
Construction.
(06- ) Resolution No. 13942, "Maintaining the City of Alameda's
Authority in Negotiating Franchise Agreements for
Telecommunications Services and Adopting the Principles for Federal
Consideration of a New Telecommunications Regulatory Framework."
Adopted.
The Finance Director stated the League of California Cities has
taken the initiative to outline guiding principles which are
intended to provide local agencies and elected Federal and State
representatives with guidelines for any amendments to the existing
Telecommunication Regulatory Act; Alameda is interested in
retaining the rights -of -way control, customer service, and revenue
control.
Mayor Johnson stated that the issue is nation wide.
Councilmember Matarrese stated that bad federal policy would be
held off by adopting the Resolution.
Councilmember Matarrese moved adoption of the Resolution.
Vice Mayor Gilmore seconded the motion, which carried by unanimous
voice vote - 5.
ORAL COMMUNICATIONS, NON - AGENDA
(06- ) Dorothy Reid, Willows Home Owners Association, stated the
new Target plans are upsetting; the scale needs to be modified;
urged the Council to meet with Target executives; stated a 70,000
square -foot store would work for Target.
(06- ) Robert Matz, Alameda, stated other revenue raising
options are available; Alameda does not need a 100 -foot tall Target
next to the beach; the City should learn a lesson from the Neptune
Beach area; urged the Council to think outside the box.
(06- ) Ani Dimusheva, Alameda, inquired whether the new appeal
fee policy would encourage frivolous denials on behalf of the
Planning Board; stated a bill was forwarded to a collection agency
before any explanation was given; the Planning Director claimed
that the fees were justified because a form was signed; she never
signed the form.
Mayor Johnson stated the Council discussed the matter in Closed
Regular Meeting
Alameda City Council
April 4, 2006
10
Session; direction was given to the City Manager and Planning
Director; a meeting could be scheduled to discuss the matter.
Ms. Dimusheva inquired whether the invoice would be taken out of
collection until the matter is resolved.
Mayor Johnson responded that the matter could be discussed with the
City Manager.
(06- ) Valerie Ruma, Alameda, submitted her comments; stated
that the [appeal fee] charges are unwarranted because the charges
were not identified prior to filing the appeal; the charges are a
hindrance to the democratic process; urged the Council to rescind
the fees and change the appeal fee resolution.
(06- ) Patrick Lynch, Alameda, requested that his appeal fees be
returned; stated the City entered into a landscape maintenance
agreement with the property owner adjacent to his property; the
agreement requires the property owner to maintain the property in a
weed -free condition; the property owner has not complied.
COUNCIL COMMUNICATIONS
(06- ) Consideration of Mayor's nomination for appointment to
the Film Commission. Continued to April 18, 2006.
Vice Mayor Gilmore inquired whether applications are still being
accepted.
The City Clerk responded that applications are always accepted;
applicants are advised that applications submitted after the
deadline might not be considered.
Mayor Johnson stated the interest level is very high.
Vice -Mayor Gilmore stated applicants' experience is mind - boggling.
(06- ) Report on AC Transit Inter - agency Liaison Committee
meeting and discussion of AC Transit's use of the High Street
Bridge.
Councilmember Matarrese stated deadhead buses are using the High
Street Bridge to bring empty buses to the AC Transit yard or San
Francisco; the deadhead buses make a loud noise when crossing the
[High Street Bridge] span; the situation was brought to AC
Transit's attention at the March 22 Inter - agency Liaison Committee
meeting; AC Transit made a trip to see if additional time would be
required to run the buses back to the yard from the end of the line
Regular Meeting
Alameda City Council
April 4, 2006
11
on Bayfarm Island over to Doolittle Drive or back to San Francisco
over the Miller Sweeney Bridge; AC Transit estimated the cost would
be an additional $20,000 per year; Line 63's continued service to
Alameda Point was discussed; Alameda residents requested Line 63
not be cut, particularly from the Homeless Collaborative; the need
for a bus shelter was also addressed; Line 51's bus bunching needs
to be revisited; route changes may be contemplated for Line 51;
electric bus information was provided; Ecopass discounts would not
be an option for the City; another option is being considered; the
deadhead buses exceed the 3 ton limit; the reason for the 3 ton
limit is unknown; recommended that the Council give direction to do
something about the noise problem.
* **
The Council interrupted the discussion to address the
recommendation to award contract to east Bay Construction
[paragraph no. 06- 1.
* **
Dave Needle, Alameda, stated that AC Transit's measurements have a
significant flaw; 37 buses cross the High Street Bridge daily; AC
Transit disagrees that moving the bus route to Hegenberger was less
expensive; AC Transit shows a 1 minute to 4 minute time difference
in trip time; $12,000 of the estimated $19,000 cost is wrong;
recommended that the Council request AC Transit to try new routes
for a month.
Ed Payne, Alameda, stated the High Street Bridge was built in 1937
for lightweight traffic; shockwaves are felt when the buses cross
the span; the routes are two minutes shorter by going to
Hegenberger and Doolittle Drive.
Ron Valentine, Alameda, stated the 3 ton limit is posted at both
ends of the Bridge; buses are not the only vehicles causing the
noise; recommended that the buses use commercial streets instead of
residential streets; requested Council to urge AC Transit to try
the alternate route.
Mayor Johnson clarified that in- service bus routes are not being
discussed, only empty buses.
Councilmember Matarrese directed the City Manager to request AC
Transit to try re- routing for a month.
(06- ) Councilmember Matarrese requested that a meeting be
scheduled with the Transportation Commission to discuss the
Transportation Master Plan among other issues; traffic management
Regular Meeting
Alameda City Council
April 4, 2006
12
is the big issue; he would like the conclusions that were discussed
at a November [Transportation Commission] meeting addressed sooner
rather than later.
(06- ) Councilmember Matarrese stated that he would like to make
a personal statement regarding the recent article in the Alameda
Journal; he does not condone that type of behavior; he is sorry for
any distress caused to Ms. Overfield or her family; he regrets any
undue burden that has been placed on the Council or staff regarding
the issue; thanked the people that have supported him.
(06- ) Councilmember deHaan stated that he visited the Grand
Street Bridge with the City Manager and noticed major
deterioration; the cement barrier has deteriorated and fallen into
the lagoon; the overall integrity of the bridge is questionable.
(06- ) Councilmember deHaan stated that he is concerned that the
Commission term limits are not governed by the City Charter;
requested a discussion on how to limit terms to eight years when
filling partial terms.
Mayor Johnson stated she sees a problem with having differing term
limit rules.
(06- ) Vice Mayor Gilmore stated that Public Works has a crack
sealing and street resurfacing schedule; the upper portion of Grand
Street between Central Avenue and Lincoln Avenue is starting to
show age; requested Public Works to review the matter.
Councilmember deHaan stated there was a lot of activity the last
time the matter was discussed; the rain has caused a delay in
current activity.
(06- ) Mayor Johnson stated she received an e -mail regarding an
accident or stalled vehicle in the tube; the number one priority is
getting the obstacle cleared; requested that the police protocol be
reviewed.
The City Manager stated that the Acting Police Chief has responded
to the e -mail; the issue is getting a tow truck to the site.
Vice Mayor Gilmore stated that she was caught in the delay; she saw
the tow truck trying to get through; traffic backs up if there is a
stall in the tube.
Mayor Johnson stated the tow truck should come from Oakland.
Councilmember deHaan stated Caltrans had prepositioned a tow truck
Regular Meeting
Alameda City Council
April 4, 2006
13
for clearing in the past; suggested reviewing the matter.
Mayor Johnson stated the tube services two- thirds of the Island;
signage should be provided regarding problems; protocol is needed.
(06- ) Mayor Johnson stated she spoke with the Assistant City
Attorney regarding the bid protest process; suggested formalizing
the process.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 10:34 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
April 4, 2006
14
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
WEDNESDAY - - - APRIL 5, 2006 - - - 5:45 P.M.
Mayor Johnson convened the Special Meeting at 5:50 p.m.
Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese, and Mayor Johnson - 5.
Absent: None.
(06- ) Conference with Real Property Negotiator - Property:
Tinker Avenue; Negotiating parties: City of Alameda and Peralta
Community College District; Under negotiation: Price and terms.
(06- ) Public Employment - City Attorney.
Following the Closed Session, the Special Council meeting was
reconvened and Mayor Johnson announced that regarding Conference
with Real Property Negotiator, the Council gave direction to the
real property negotiator regarding negotiating process and timing
needs (no parameters for settlement); regarding Public Employment,
the Council appointed Teresa Highsmith as Acting City Attorney.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 7:00 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
April 5, 2006
April 13, 2006
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
147098 - 147282
EFT 200
EFT 201
EFT 202
E14895 - E15018
Void Checks:
Amount
2,686,178.86
325.49
42,126.88
25,603.50
77,145.56
146762 (1,075.00)
146893 (2,368.25)
GRAND TOTAL
Respectfully submitted,
Pamela J. Sib ey
Council Warrants 04/18/06
2,827,937.04
BILLS #4 -B
04/18/06
CITY OF ALAMEDA
Memorandum
Date: April 18, 2006
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Re: Recommendation to Approve the Amended and Restated Housing
Assistance Agreement, Attachment A to the City Manager Employment
Agreement, and Authorize the Execution of Related Documents
BACKGROUND
On June 21, 2005, the City Council approved the appointment of the City Manager and
authorized the execution of an Employment Agreement that outlines the terms and
conditions of employment including a Housing Assistance Agreement. Any
amendments to the terms of this agreement require approval of the City Council.
DISCUSSION
The original Housing Assistance Agreement with the City Manager was structured using
an equity share concept. The proposed revision changes the structure from an equity
share to a more traditional loan in order to accommodate the requirements of the
lending institutions. The related implementation documents, comprised of Loan
Agreement and a Subordinate Deed of Trust, are provided as Exhibit 1 and 2
respectively. These documents will be finalized after the property is identified.
FISCAL IMPACT
As the amount of the assistance remains the same and the structure of the loan
provides an interest rate that is established at .5 percent above the current Local
Agency Investment Fund rate, there will be no reduction in revenue to the General
Fund. Additionally, the interests of the City are protected through the contact and the
implementation documents.
Report 4 -C
4 -18 -06
The Honorable Mayor
And Members of the City Council
RECOMMENDATION
April 18, 2006
Page 2
Approve the amended and restated Housing Assistance Agreement, Attachment A to
the City Manager Employment Agreement, and authorize the execution of related
documents.
Respectfully submitted,
DK:cb
Attachment
Debra Kurita
City Manager
Attachment A EXECUTION COPY
Attachment A
To the Employment Agreement
AMENDED AND RESTATED HOUSING ASSISTANCE AGREEMENT
This Amended and Restated HOUSING ASSISTANCE AGREEMENT entered into effective as of
the of , 2006, by and between the City of Alameda, a California municipal
corporation ( "City ") and Debra Kurita, an individual and the City Manager of the City of Alameda
( "Manager ") amends and restates in its entirety that certain Housing Assistance Agreement between the
City and Manager dated August 1, 2005. City and Manager are hereinafter collectively referred to as the
"Parties."
RECITALS
WHEREAS, City and Manager entered into that certain City Manager Employment Agreement (the
"Employment Agreement "), the initial term of which commences on August 1, 2005 and expires on July
31, 2008 (unless extended); and
WHEREAS, Section 23 of the Employment Agreement provides that the City shall provide a
housing benefit to Manager as set forth in this Housing Assistance Agreement; and
WHEREAS, the City desires to assist Manager with the purchase of a home in the City of Alameda
for Manager and Manger's family's personal residence (the "Home ").
AGREEMENT
NOW, THEREFORE, in consideration of their mutual undertakings and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. The City grants to Manager the right to borrow Two Hundred Fifty Thousand Dollars
($250,000) ( "Loan ") from the City to be used by Manager as a down payment for the purpose of purchasing
a home in the City of Alameda or to prepay or repay all or any portion of a private loan or other funds
obtained by the Manager for the purpose of a down payment or repayment of funds for purchasing a home
in the City of Alameda.
2. The Loan is subject to the following conditions:
A. Manager must exercise the right to borrow all or a portion of the Loan by no later
than December 31, 2006 unless extended by mutual agreement;
B. A subordinate deed of trust securing the Loan must be recorded such that, other
than real property taxes and assessments and the first deed of trust, the subordinate deed of trust for the
Loan has the highest priority and there shall be no other liens encumbering the real property; subject to any
declarations, easements, or restrictions listed in the schedule of exemptions to coverage in any title
insurance policy insuring Lender's interest in the Property.
810720-3
CITY OF ALAMEDA
CITY MANAGER HOUSING ASSISTANCE AGREEMENT
EXECUTION COPY
C. At the City's sole cost, lender's title insurance in the name of the City shall be
issued insuring title showing only the liens permitted in Section 2(B);
D. The Loan shall bear interest at a rate equal to the annual rate earned by the State
of California Local Agency Investment Fund plus one -half of one percent (0.50 %); said interest shall begin
to accrue from the date of disbursement of the Loan to the Manager.
E. The Loan may be prepaid by Manager in whole or in part, at any time, without
penalty. Any prepayments made by Manager shall be accompanied by written direction of Manager as to
application of such funds to principal and interest. Absent such written notice, the City shall apply such
prepayment first, to the reduction of any due and unpaid interest on the Loan and second, to the reduction
of principal.
F. The Loan shall be payable in its entirety upon sale of the Home;
G. A subordinate deed of trust securing the Loan must be recorded immediately after
the first deed of trust is recorded;
H. Manager may refinance the loan secured by the first deed of trust in order to: (1)
obtain a lower interest rate, or (2) finance any capital improvements to the Home. In such case, the
subordinate deed of trust and the Loan shall remain subordinate to such refinancing. If the purpose of the
refinancing is to make capital improvements to the Home, Manager shall (i) obtain three (3) bids from
qualified persons and shall select the lowest bidder to undertake the capital improvement, (ii) if the cost for
the capital improvement is in excess of Ten Thousand Dollars ($10,000), shall obtain the prior written
approval of the Mayor, which approval shall not be unreasonably withheld, and (iii) keep accurate records
of the cost of the capital improvements. In the event the Manager desires to refinance the loan secured by
the first deed of trust for purposes other than those permitted by this paragraph H, Manager shall promptly
pay the outstanding principal balance of and interest due on the Loan;
I. At Manager's sole cost, she shall obtain and maintain fire and casualty loss
insurance in the amount of the Loan, naming City as an additional beneficiary and insuring against such
covered losses based on one hundred percent (100 %) of replacement value;
J. Evidence of insurance shall be provided to City as a condition to closing the Loan
and thereafter on an annual basis; and
K. Unless otherwise specified in this Agreement, all costs incurred in closing the Loan
shall be paid for by Manager.
3. The City and Manager shall prepare and execute those deeds of trust, escrow instructions
and all other documents reasonably necessary to consummate the Loan, so long as those documents are
consistent with the terms and conditions specified above.
4. Sale. The sale of the home shall occur on the happening of one of the following,
provided that the Loan has not already been repaid in its entirety :
810720-3 2 CITY OF ALAMEDA
CITY MANAGER HOUSING ASSISTANCE AGREEMENT
EXECUTION COPY
a. At the option of Manager, subject to paragraph 6 below;
b. The passing of eighteen (18) months following the termination of the employment
of Manager, whether voluntarily or involuntarily, except as provided in subsection c below;
c. Upon retirement, death or disability, where a physician determines that such
disability results in Manager being unable to perform her duties as City Manager, of the Manager, thirty -six
months (36) from the date of retirement, death or onset of the disability;
d. Upon mutual agreement of the parties.
5. Proceeds Upon Sale of the Home. Upon sale of the home, subject to section 6 below, the
proceeds of sale shall be applied as follows:
a. The costs of sale, including, but not limited to, escrow fees, real estate broker's
fees and related expenses shall first be deducted from the gross sales price.
b. Repayment of the amounts secured by the first deed of trust, if any.
c. Repayment of the principal and interest on the Loan.
6. Sale and Purchase of New Home. Nothing in the Agreement shall be read to prevent the
Manager from selling the home during the term of her employment so that she may occupy another home
in Alameda. In such an event, she may use the entire proceeds of the sale of the home (less all applicable
costs of sale) to purchase another home under the same terms and conditions as the existing loan at the
then current outstanding balance of the loan. In such an event, the parties may negotiate a new Loan
agreement, which shall require the outstanding balance of the Loan to be secured by the new home or, at
the option of the Manager, the Loan shall be repaid in accordance with section 5 above.
810720-3 3 CITY OF ALAMEDA
CITY MANAGER HOUSING ASSISTANCE AGREEMENT
EXECUTION COPY
7. Execution of Documents. City and Manager shall cooperate in the preparation and
execution of all documents necessary to conform the purchase of the home to the provisions of this
Agreement. These documents shall include a Loan Agreement, to be executed by the Mayor on behalf of
the City that makes specific the terms of this Agreement to the actual home purchased by the Manager.
Nothing in this Agreement shall be construed to preclude Manager from requesting additional housing
assistance from the City Council if necessary.
IN WITNESS WHEREOF, the Parties execute this Agreement as of the date first written above.
CITY, City of Alameda
By:
Its:
MANAGER, Debra Kurita
By: Debra Kurita
810720 -3 4 CITY OF ALAMEDA
CITY MANAGER HOUSING ASSISTANCE AGREEMENT
Exhibit 1
LOAN AGREEMENT
EXECUTION COPY
This Loan Agreement (this "Agreement ") is entered into effective as of the of
2006 ( "Effective Date ") by and among the City of Alameda, a public body, corporate and politic (the "City")
and Debra Kurita, an individual and the City Manager of the City of Alameda and Keene N. Wilson,
husband and wife (collectively, the `Borrower"). City and Borrower are hereinafter collectively referred to
as the "Parties."
RECITALS
WHEREAS, pursuant to the terms of that certain City Manager Employment Agreement entered
into by the City and Borrower, the initial term of which commenced on August 1, 2005 and expires on July
31, 2008 (unless extended), the City agrees to loan (the "Loan ") up to Two Hundred Fifty Thousand
Dollars ($250,000) to Borrower for the purpose of Borrower purchasing a home in the City for her personal
residence. The City agrees [that the loan will be secured by][to secure said Loan with] a subordinate deed
of trust recorded against the real property [located at , Alameda, California, and more
specifically described in Exhibit A attached hereto]; and
[WHEREAS, Borrower [has identified] [shall identify,] a home in the City that she wishes to
purchase and for which escrow ( "Escrow") has already been opened with ("Title
Company"). The home is located at , Alameda, California (the "Property')];
and
WHEREAS, Borrower [has obtained] [will obtain] permanent financing ( "First Loan ") from
( "First Lender") which has committed to loan to Borrower Dollars ($ ) to
purchase the Property, secured by a first deed of trust ( "First Deed of Trust ") recorded against the
Property]; and
WHEREAS, in order for Borrower to qualify for a mortgage to purchase a home in the City, the City
has agreed to provide the Loan to Borrower prior to the purchase of a residence in the City (the
"Property"); and
WHEREAS, Borrower desires to have the City fund the Loan no later than two (2) business days
after written request from Borrower. The City has agreed to such an arrangement under the terms and
condition of this Agreement and its exhibits, which are incorporated by this reference.
AGREEMENT
NOW THEREFORE, in consideration of their mutual undertakings and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
810749 -1
CITY OF ALAMEDA
CITY MANAGER LOAN AGREEMENT
EXECUTION COPY
Section 1. The Loan and Disbursement of Loan Proceeds.
A. The Loan. Subject to the terms and conditions of this Agreement and for the purposes
described herein, City agrees to make a loan to Borrower in an amount up to Two Hundred Fifty Thousand
Dollars ($250,000) (the "Loan "). The Loan shall bear interest at a rate equal to the annual rate earned by
the State of California Local Agency Investment Fund plus one -half of one percent (0.50 %). Said interest
shall begin to accrue from the date of disbursement of the Loan to the Borrower. The Loan shall be
secured upon purchase by Borrower of a residence within the City by a second deed of trust substantially
in the form attached hereto as Exhibit B (the "Subordinate Deed of Trusf" ). The outstanding principal
balance of the Loan together with any unpaid interest shall be payable upon sale of the Property.
B. Use of Loan Proceeds. The proceeds of the Loan (the "Loan Proceeds ") shall be used
solely and exclusively for the purchase of the Property as set forth in this Agreement.
C. Disbursement of Proceeds. The City shall disburse and deposit the Loan proceeds at the
direction of Borrower upon receipt of two (2) days written notice from Borrower.
Section 2. Payment of Principal and Interest. Borrower shall promptly pay the principal
balance of and interest due on the Loan upon: (i) the sale, transfer or conveyance of the Property (unless
otherwise agreed to by the Parties), (ii) within eighteen (18) months following the termination of the
employment of the City Manager, whether voluntary or involuntary, or (iii) within thirty-six (36) months
following the date of retirement, death or the onset of a disability, where such disability results in the City
Manager being unable to perform her duties as City Manager, as determined by a physician, of the City
Manager.
Section 3. Subordinate Deed of Trust. Prior to the close of escrow for the purchase of the
Property, Borrower shall execute and cause to be recorded against the Property the Subordinate Deed of
Trust. Said Subordinate Deed of Trust shall be in a junior position to the First Deed of Trust.
Section 4. Prepayment of Loan. Borrower may prepay all or any portion of the Loan at any
time, without penalty. Any prepayments by Borrower shall be accompanied by written direction of
Borrower as to application of funds to the payment of principal of and interest on the Loan. Absent such
written notice, City shall apply prepayment funds first, to the reduction of any accrued and unpaid interest
on the Loan and second, to reduction of the outstanding principal balance of the Loan.
Section 5. Default and Remedies.
A. Events of Default. Provided that City has provided written notice to Borrower specifying
the nature of such default, the occurrence of any of the following events shall, at the option of the City,
constitute an event of default by Borrower under this Agreement, if such default remains uncured fifteen
(15) days following delivery of notice of monetary default or thirty (30) days following delivery of notice of
non - monetary default:
(1) Borrower fails to comply with or fully and timely perform any of Borrower's
obligations under this Agreement;
810749 -2 2 CITY OF ALAMEDA
CITY MANAGER LOAN AGREEMENT
EXECUTION COPY
(2) Unless approved in writing by the City and subject to Section 4, the Borrower
voluntarily or involuntarily sells, transfers, disposes of or further encumbers all or any portion of its interest
in the Property; or
(3) Borrower defaults in the performance of any other term, covenant, or agreement
contained in this Agreement or the Subordinate Deed of Trust.
B. Remedies of the Citv upon Default. Upon the occurrence of an event of default by the
Borrower in the performance of this Agreement, the City shall have the following rights, in addition to the
City's other rights and remedies provided by law:
(1) The City may declare the entire outstanding principal balance of the Loan
immediately due and payable;
(2) The City shall have full power to exercise any and all rights and powers granted to
the City pursuant to this Agreement in the event of a default; and
(3) The City may terminate this Agreement.
Each of the remedies provided herein is cumulative and not exclusive of, and shall not prejudice
any other remedy provided herein. The City may exercise from time to time any rights and remedies
available to it under applicable law, in addition to, and not in lieu of, any rights and remedies expressly
granted in this Agreement or in any other instrument or notice, demand or legal process of any kind.
Section 6. General Provisions.
A. Assignment, Transfer, and Encumbrance. The Loan shall not be assigned nor shall
Borrower transfer or encumber its interest in the Property without the prior written consent of the City
except as otherwise provided in Section C.10 of the Subordinate Deed of Trust and Section 6 of the
Housing Assistance Agreement.
B. Termination of Employment; Retirement, Death or Disability.
(1) Upon termination of the employment of Manager, whether voluntarily or
involuntarily, except as provided in subsection (2) below, the sale of the home shall occur within eighteen
(18) months of the effective date of such termination of employment, unless the Loan has already been
repaid in full by the Borrower.
(2) Upon the event of retirement, death or disability, where a physician determines
that such disability results in Borrower being unable to perform her duties as City Manager, of the
Manager, the sale of the home shall occur within thirty -six (36) months from the date of retirement, death
or onset of the disability, unless the Loan has been repaid in full by the Borrower.
810749 -2 3 CITY OF ALAMEDA
CITY MANAGER LOAN AGREEMENT
EXECUTION COPY
C. Notices. Except as otherwise specified herein, all notices to be sent pursuant to this
Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below
or to such other address as a Party may designate by written notice delivered to the other parties in
accordance with this Section by: first -class mail.
CITY: City of Alameda
2263 Santa Clara Avenue
Alameda, CA 94501
BORROWER: Debra Kurita
Alameda, CA
D. Amendments. This Agreement may be modified only by a written instrument signed by
both Parties.
E. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of California without regard to principles of conflicts of law.
F. Severabilitv. If any term of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless
the rights and obligations of the Parties are materially altered or abridged by such invalidation, voiding or
unenforceability.
G. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
above.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
SIGNATURES ON NEXT PAGE
810749 -2 4 CITY OF ALAMEDA
CITY MANAGER LOAN AGREEMENT
EXECUTION COPY
BORROWER
By: Debra Kurita
BORROWER
By: Keene N. Wilson
CITY OF ALAMEDA
By:
Its: Mayor
ATTEST:
By:
Its: City Clerk
810749 -2 5 CITY OF ALAMEDA
CITY MANAGER LOAN AGREEMENT
EXECUTION COPY
Exhibit A
LEGAL DESCRIPTION
810749 -2 6 CITY OF ALAMEDA
CITY MANAGER LOAN AGREEMENT
EXECUTION COPY
Exhibit B
FORM OF SUBORDINATE DEED OF TRUST
CITY OF ALAMEDA
CITY MANAGER LOAN AGREEMENT
Exhibit 2 EXECUTION COPY
Recording Requested by
and when Recorded, return to:
Mail Tax Statements to:
City of Alameda
2263 Santa Clara Avenue
Alameda, California 94501
Attn: Mayor
EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE
§ §6103, 27383
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
SUBORDINATE DEED OF TRUST
THIS SUBORDINATE DEED OF TRUST is made this day of , 2006 (this
"Deed of Trust ") among DEBRA KURITA, an individual and the City Manager of the City of Alameda
and Keene N. Wilson, husband and wife (collectively, the "Borrower "), THE CITY OF ALAMEDA
(herein 'Trustee "), and the Beneficiary, the CITY OF ALAMEDA, a public agency organized and
existing under the laws of the State of California whose address is 2263 Santa Clara Avenue,
Alameda, California (herein "Lender ").
In addition to the indebtedness herein recited, the Borrower has obtained an additional loan
from (the "Senior Lien Holder"), which loan is secured by a first deed of trust lien on the
Property (the "First Deed of Trust ").
Borrower, in consideration of the indebtedness herein recited and the trust herein created,
irrevocably grants and conveys to Trustee, in trust, with power of sale and right of entry and
possession, subject to the rights of the Senior Lien Holder under the First Deed of Trust, that certain
real property located in the County of Alameda, State of California, more fully described in Exhibit A,
which has the address of , Alameda, California (the "Property ");
TOGETHER with all buildings, improvements and fixtures now or hereafter erected thereon, and
all appurtenances, easements, and articles of property now or hereafter affixed to, placed upon or used in
connection with the Property, together with all additions to, substitutions for, changes in or replacements of
the whole or any part of said articles of property; all of which are hereby pledged and assigned, transferred,
and set over onto Trustee, and for purposes of this Deed of Trust declared to be part of the realty; provided,
however, that furniture and other personal property of Borrower now or hereafter situated on said real
property are not intended to be included as part of the Property;
TO SECURE repayment of the indebtedness incurred by that certain Loan Agreement between
the Borrower and the Lender dated the of , 2006 (the "Loan ") of the principal
amount up to Two Hundred Fifty Thousand Dollars ($250,000), at a rate of interest equal to the annual
rate earned by the State of California Local Agency Investment Fund plus one -half of one percent
(0.50 %) according to the terms of the Loan, and any and all amendments, modifications, extensions or
renewals of the Loan. This Deed of Trust is subject to the terms, conditions, and restrictions of the
Loan, which is hereby incorporated by reference.
EXECUTION COPY
A. Lender and the Borrower acknowledge and agree that this Deed of Trust is subject and
subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all
advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all
sums advanced for the purpose of protecting or further securing the lien of the First Deed of Trust, or curing
defaults by the Borrower under the First Deed of Trust.
B. Borrower hereby covenants to maintain and protect the security of this Deed of Trust, to
secure the full and timely performance by Borrower of each and every obligation, covenant, and agreement
of Borrower under the Loan and this Deed of Trust, and as additional consideration for the obligation(s)
evidenced by the Loan, Borrower covenants as follows:
1. Title. That Borrower is lawfully seized of the estate hereby conveyed and has the
right to grant and convey the Property, and that Borrower will warrant and defend generally the title of the
Property against all claims and demands subject to any declarations, easements, or restrictions listed in the
schedule of exemptions to coverage in any title insurance policy insuring Lender's interest in the Property.
2. Payment of Principal and Interest. Borrower shall promptly pay the principal
balance of and interest due on the Loan upon: (i) the sale, transfer or conveyance of the Property (unless
otherwise agreed to by the Parties), (ii) within eighteen (18) months following the termination of the
employment of the City Manager, whether voluntary or involuntary, or (iii) within thirty -six (36) months
following the date of retirement, death, or the onset of a disability, where such disability results in the City
Manager being unable to perform her duties as City Manager, as determined by a physician, of the City
Manager.
3. Maintenance of the Property. (a) To keep the Property in a decent, safe, sanitary,
tenantable condition and repair and permit no waste thereof; (b) not to commit or suffer to be done or exist
on or about the Property any condition causing the Property to become less valuable; (c) remove, demolish
or structurally alter any buildings and improvements now or hereinafter located on the Property; (d) to
repair, restore or rebuild promptly any buildings or improvements on the Property that may become
damaged or be destroyed while subject to the lien of this Deed of Trust; (e) to comply with all applicable
laws, ordinances and governmental regulations affecting the Property or requiring any alteration or
improvement thereof, and not to suffer or permit any violations of any such law, ordinance or governmental
regulation, nor of any covenant, condition or restriction affecting the Property; (f) not to initiate or acquiesce
in any change in any zoning or other land use or legal classification which affects any of the Property
without the Lender's written consent; and (g) not to alter the use of all or any part of the Property without
the prior written consent of the Lender.
4. Appear and Defend. Borrower shall appear in and defend any action or
proceeding purporting to affect the security hereof or the rights or powers of the Lender or Trustee; and to
pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in
any such action or proceeding in which the Lender or Trustee may appear, and in any suit brought by the
Lender to foreclose this deed.
810748 -2 2 CITY OF ALAMEDA
CITY MANAGER SUBORDINATE DEED OF TRUST
EXECUTION COPY
5. Payment of Taxes and Utility Charges. Borrower shall pay, at least ten (10) days
before delinquency all taxes and assessments affecting the Property, including assessments on
appurtenant water stock; when due, all encumbrances, charges and liens, fines and impositions attributable
to the Property, leasehold payments or ground rents, if any, and any interest on the Property or any part
thereof; all costs, fees and expenses of this trust. Borrower shall make such payments when due, directly
to the payee thereof.
6. Insurance. To keep the Property insured with loss payable to the Lender, against
loss or damage by fire and such other hazards, casualties and contingencies and by such companies on
such forms and in the amount of the replacement cost of the Property, and to deliver the original of all such
policies to the Lender, together with receipts satisfactory to the Lender evidencing payment of the
premiums. All such policies provide that the Lender shall be given thirty (30) days advance written notice of
the cancellation, expiration or termination of any such policy or any material change in the coverage
afforded by it. Renewal policies and any replacement policies, together with premium receipts satisfactory
to the Lender, shall be delivered to the Lender at least thirty (30) days prior to the expiration of existing
policies. Neither Trustee nor the Lender shall by reason of accepting, rejecting, approving or obtaining
insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or
solvency of any insurer for payment of losses. All insurance proceeds for such losses must be utilized for
the repair or restoration of the insured property.
7. Payments and Discharge of Liens. Borrower will pay, when due, all claims of
every kind and nature which might or could become a lien on the Property or any part thereof; provided,
however, that the following are excepted from this prohibition: (a) liens for taxes and assessments which
are not delinquent although by law are given the status of a lien, and (b) such of the above claims as are,
and only during the time they are, being contested by Borrower in good faith and by appropriate legal
proceedings, and Borrower shall post security for the payment of these contested claims as may be
requested by the Lender. Borrower shall not default in the payment or performance of any obligation
secured by a lien, mortgage or deed of trust which is superior to this Deed of Trust.
C. IT IS MUTUALLY AGREED THAT:
1. Application of Prepayments. Any prepayments by Borrower shall be accompanied
by written direction of Borrower as to application of funds to the payment of principal of and interest on the
Loan. Absent such written notice, City shall apply prepayment funds first, to the reduction of any accrued
and unpaid interest on the Loan and second, to reduction of the outstanding principal balance of the Loan.
2. Disbursements to Protect Lender's Security. All sums disbursed by Lender to
protect and preserve the Property, this Deed of Trust, or Lender's security for the performance of
Borrower's obligations under the Loan shall be and be deemed to be an indebtedness of Borrower secured
by this Deed of Trust.
3. Protection of Lender's Security. If Borrower fails to perform the covenants and
agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially
affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code
enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage
secured by the Property or sale of the Property under a power of sale of any instrument secured by the
Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearance, disburse
810748 -2 3 CITY OF ALAMEDA
CITY MANAGER SUBORDINATE DEED OF TRUST
EXECUTION COPY
such sums and take such action as is necessary to protect Lender's interest, including, but not limited to,
disbursement of reasonable attorney's fees and entry upon the Property to make repairs.
Any amounts disbursed by Lender pursuant to this paragraph 3 (together with interest thereon as
provided herein) shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless
Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from
Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at
the highest rate permissible under applicable law. Nothing contained in this paragraph 3 shall require
Lender to incur any expense or take any action hereunder.
4. Inspection. Lender or its agent may make or cause to be made reasonable entries
upon and inspections of the Property not more than once (1) per year. Lender shall give Borrower notice at
the time of or prior to any such inspection specifying reasonable cause for the inspection. Lender shall, in
consultation with Borrower, engage a third party to conduct such reasonable entries or inspections.
5. Awards and Damages. All judgments, awards of damages, settlements and
compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the
Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the
Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the
Property, are hereby assigned to and shall be paid to the Lender. The Lender is authorized and
empowered (but not required) to collect and receive any such sums and is authorized to apply them in
whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the
Lender shall determine at its option. The Lender shall be entitled to settle and adjust all claims under
insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such
insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment.
All or any part of the amounts so collected and recovered by the Lender may be released to Borrower upon
such conditions as the Lender may impose for its disposition. Application of all or any part of the amounts
collected and received by the Lender or the release thereof shall not cure or waive any default under this
Deed of Trust. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender
within thirty (30) days after the date such notice is mailed, Lender is authorized to collect and apply the
proceeds, at Lender's option, either to restoration or repair of the Property or to the sum secured by this
Deed of Trust.
6. Prohibition on Transfers of Interest. With the exception of the transfers permitted
in paragraph 10 of this Section below, if all or any part of the Property or an interest therein is sold or
transferred by Borrower without Lender 's prior written consent, Lender may, at Lender's option, declare all
the sums secured by this Deed of Trust to be immediately due and payable. If Lender exercises such
option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with Section E.8
hereof. Such notices shall provide a period of not less than thirty (30) days from the date the notice is
mailed within which Borrower may pay the sums declared due. If borrower fails to pay such sums prior to
the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any
remedies permitted by Section D.2(a) hereof.
7. Sale or Forbearance. No sale of the Property, forbearances on the part of the
Lender or extension of the time for payment of the indebtedness hereby secured shall operate to release,
discharge, waive, modify, change or affect the liability of Borrower either in whole or in part.
810748 -2 4 CITY OF ALAMEDA
CITY MANAGER SUBORDINATE DEED OF TRUST
EXECUTION COPY
8. The Lender's Rights to Release. Without affecting the liability of any person for
payment of any indebtedness hereby secured (other than any person released pursuant hereto), including
without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any
of the Property not released pursuant hereto, at any time and from time to time without notice: (a) The
Lender may, at its sole discretion, (i) release any person now or hereafter liable for payment of any or all
such indebtedness, (ii) extend the time for or agree to alter the terms of payment of any or all of such
indebtedness, and (iii) release or accept additional security for such indebtedness, or subordinate the lien
or charge hereof; and (b) Trustee, acting pursuant to the written request of the Lender, may reconvey all or
any part of the Property, consent to the making of any map or plot thereof, join in granting any assessment
thereon, or join in any such agreement of extension or subordination.
9. Reconveyance. Upon payment of all sums secured by this Security Instrument,
Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all
documents evidencing indebtedness secured by this Security Instrument to Trustee. Trustee shall
reconvey the Property without warranty and without charge to the person or persons legally entitled thereto.
Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any
matters or facts shall be conclusive proof of the truthfulness thereof.
10. Requirement of Owner - occupancy and Permitted Transfers. Borrower shall
occupy the Property as Borrower's principal place of residence during the term as described in the Loan.
However, Borrower shall not be required to occupy the Property as Borrower's principal place of residence
upon the occurrence of any of the following: (a) termination of Borrower's employment, whether voluntary
or involuntary, (b) Borrower's retirement, (c) death or disability, where a physician determines that such
disability results in Borrower being unable to perform her duties as City Manager. Notwithstanding any
other provision of the Loan or this Deed of Trust, the following transfers shall not be deemed to be a default
under the Loan or this Deed of Trust:
(a) The transfer of the Property to the surviving joint tenant by devise, descent or
operation of the law, on the death of a joint tenant.
(b) A transfer of the Property where the spouse becomes an owner of the property;
(c) A transfer of the Property resulting from a decree of dissolution of marriage, legal
separation or from an incidental property settlement agreement by which the spouse becomes an owner of
the Property.
(d) A transfer to an inter vivos trust in which the Borrower is and remains the
beneficiary and occupant of the property.
(e) A transfer of the property followed by a purchase of a new home by the Borrower
as provided in Paragraph 6 of the Housing Assistance Agreement
810748 -2 5 CITY OF ALAMEDA
CITY MANAGER SUBORDINATE DEED OF TRUST
EXECUTION COPY
D. EVENTS OF DEFAULT
1. Events of Default. Any one or more of the following events shall constitute a
default under this Deed of Trust: (a) failure of the Borrower to pay the indebtedness secured hereby or any
installment thereof when and as the same become due and payable, whether at maturity or by acceleration
or otherwise; or (b) failure of Borrower to observe or to perform any covenant condition or agreement to be
observed or performed by Borrower pursuant to the Loan or this Deed of Trust including but not limited to
the occupancy of property by Borrower provision; or (c) the occurrence of any event which, under the terms
of the Loan, shall entitle the Lender to exercise the rights or remedies thereunder; or (d) the occurrence of
any event which, under the terms of the First Loan or First Deed of Trust shall entitle the Lender to exercise
the rights or remedies thereunder.
2. Acceleration and Sale.
(a) Acceleration. Except as provided in paragraph (b) of Section D.2 hereof
upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the
covenants to pay when due any sums secured by this Deed of Trust, upon Borrower's failure to make any
payment or to perform any of its obligations, covenants and agreements pursuant to the Loan, Lender shall
mail notice to Borrower as provided in Section E.8 hereof specifying: (1) the breach; (2) the action required
to cure such breach; (3) a date, no less than thirty (30) days from the date the notice is mailed to Borrower,
by which such breach must be cured; and (4) that failure to cure such breach on or before the date
specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the
Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to
bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration
and sale. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option
may declare all of the sums secured by this Deed of Trust to be immediately due and payable without
further demand and may invoke the power of sale and any other remedies permitted by applicable law.
Lender shall be entitled to collect from the Borrower, or sale proceeds, if any, all reasonable costs and
expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to,
reasonable attorney's fees.
(b) Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of
the sums secured by this Deed of Trust, Borrower will have the right to have any proceedings begun by
Lender to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the
Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the
judgment enforcing this Deed of Trust if: (1) Borrower pays Lender all sums which would be then due under
this Deed of Trust and the Loan, had no acceleration occurred; (2) Borrower pays all reasonable expenses
incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this
Deed of Trust, remedies including, but not limited to, reasonable attorneys' fees; and (3) Borrower takes
such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's
interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall
continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations
secured hereby will remain in full force and effect as if no acceleration had occurred.
810748 -2 6 CITY OF ALAMEDA
CITY MANAGER SUBORDINATE DEED OF TRUST
EXECUTION COPY
(c) Sale. After delivery to Trustee of a Notice of Default and Demand for Sale
and after the expiration of such time and the giving of such notice of default and sale as may then be
required by law, and without demand on Borrower, Trustee shall sell the Property at the time and place of
sale fixed by it in said notice of sale, at public auction to the highest bidder for cash in lawful money of the
United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the
Property by public announcement at such time and place of sale and from time to time thereafter may
postpone such sale by public announcement at the time and place fixed by the preceding postponement.
Any person, including Borrower, Trustee or the Lender, may purchase at such sale. Upon such sale by
Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant
or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive
proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of
Trustee and of this Deed of Trust, Trustee shall apply the proceeds of sale first to the payment of any
interest due on the Loan and then to the payment of the principal indebtedness hereby secured, whether
evidenced by the Loan or otherwise, or representing advances made or costs or expenses paid or incurred
by the Lender under this Deed of Trust, or the secured obligations or any other instrument evidencing or
securing any indebtedness hereby secured and to the payment of all other sums then secured thereby,
including interest, if any, as provided in this Deed of Trust, the secured obligations or any other such
instrument, in such order as the Lender shall direct; and then the remainder, if any, shall be paid to the
person or persons legally entitled thereto.
(d) Assignment of Rents; Appointment of Receiver; Lender in Possession.
Upon acceleration under paragraph (a) of Section D.2 hereof or abandonment of the Property, Lender (in
person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and
manage the Property and to collect the rents of the Property (if any) including those past due. All rents
collected by Lender or the Receiver shall be applied first to payment of the costs of management of the
Property and collection of rents including, but not limited to, receiver's fees, premiums on receiver's bonds
and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. Lender and the
receiver shall be liable to account only for those rents actually received. The provisions of this paragraph
and paragraph (a) of Section D.2 shall operate subject to the claims of prior lien holders.
3. Exercise of Remedies; Delay. No exercise of any right or remedy by the Lender or
Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by
law, and no delay by the Lender or Trustee in exercising any such right or remedy hereunder shall operate
as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder.
4. Trustee Substitution. The irrevocable power to appoint a substitute trustee or
trustees hereunder is hereby expressly granted to the Lender, to be exercised at any time hereafter,
without specifying any reason therefore by filing for record in the office where this Deed of Trust is recorded
a deed of appointment, and said power of appointment of successor trustee or trustees may be exercised
as often as and whenever the Lender deems advisable. The exercise of said power of appointment, no
matter how often, shall not be deemed an exhaustion thereof, and upon recording of such deed or deeds of
appointment, the trustee or trustees so appointed shall thereupon, without further act or deed of
conveyance, succeed to and become fully vested with identically the same title and estate in and to the
Property hereby conveyed and with all the rights, powers, trusts and duties of the predecessor in the trust
hereunder, with the like effect as if originally names as trustee or as one of the trustees.
810748 -2 7 CITY OF ALAMEDA
CITY MANAGER SUBORDINATE DEED OF TRUST
EXECUTION COPY
5. Remedies Cumulative. No remedy herein contained or conferred upon the Lender
or Trustee is intended to be exclusive of any other remedy or remedies afforded by law or by the terms
hereof to the Lender or Trustee but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in equity.
E. MISCELLANEOUS PROVISIONS
1. Successors, Assigns, Gender, Number. The covenants and agreements
contained in this Deed of Trust shall bind, and the benefit and advantages under it shall inure to, the
respective heirs, executors, administrators, successors and assigns of the parties. Wherever used, the
singular number shall include the plural, and the plural the singular, and the use of any gender shall be
applicable to all genders.
2. Headings. The headings are inserted only for convenience of reference and in no
way define, limit, or describe the scope or intent of this Deed of Trust, or of any particular provision thereof,
or the proper construction thereof.
3. Actions on Behalf of the Lender. Except as otherwise specifically provided herein,
whenever any approval, notice, direction, consent, request or other action by the Lender is required or
permitted under this Deed of Trust, such action shall be in writing.
4. Terms. The words "the Lender" means the present Lender, or any future owner or
holder, including pledgee of the indebtedness secured hereby.
5. Obligations of Borrower. If more than one person has executed this Deed of Trust
as "Borrower," the obligations of all such persons hereunder shall be joint and several.
6. Severability. If any provision of this Deed of Trust shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any
way be affected or impaired.
7. Indemnification. Borrower will indemnify and hold the Lender, its officers and
agents harmless against any and all losses, claims, demands, penalties and liabilities which the Lender, its
officers or agents may sustain or suffer by reason of anything done or omitted in good faith and due care
pursuant to or in connection with this Deed of Trust and not assert any claim against the Lender, its officers
or agents by reason of any action so taken or omitted. Borrower shall, at Borrower's expense, defend,
indemnify, save and hold the Lender, its officers and agents harmless from any and all claims, demands,
losses, expenses, damages (general, punitive or otherwise), causes of action (whether legal or equitable in
nature) asserted by any person, firm, corporation or other entity arising out of this Deed of Trust and
Borrower shall pay the Lender upon demand all claims, judgments, damages, losses or expenses
(including reasonable legal expense) incurred by the Lender as a result of any legal action arising out of
this Deed of Trust.
810748 -2 8 CITY OF ALAMEDA
CITY MANAGER SUBORDINATE DEED OF TRUST
EXECUTION COPY
8. Notice. Except for any notice required under applicable law to be given in another
manner (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice
by certified mail directed to the Property Address or any other address Borrower designates by notice to
Lender as provided herein; and, (b) any notice to Lender shall be given by certified mail, return receipt
requested, to Lender's mailing address stated herein or to such other address as Lender may designate by
notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall deem to have
been given to Borrower or Lender when given in the manner designated herein.
Lender: City of Alameda
2263 Santa Clara Avenue
Alameda, CA 94501
Attn: Mayor
Borrower: Debra Kurita
Alameda, CA
9. Beneficiary Statement. Lender may collect a fee for furnishing the beneficiary
statement in an amount not to exceed the amount as provided by Section 2943 of the Civil Code of
California.
10. Use of Property. Borrower shall not permit or suffer the use of any of the Property
for any purpose other than as a single family residential dwelling.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and year set forth
above. By signing below, Borrower agrees to the terms and conditions as set forth above.
BORROWER, an individual
Date Debra Kurita
BORROWER, an individual
Date Keene N. Wilson
810748 -2 9 CITY OF ALAMEDA
CITY MANAGER SUBORDINATE DEED OF TRUST
EXECUTION COPY
Exhibit A
Property Description
[to be inserted]
810748 -2 10 CITY OF ALAMEDA
CITY MANAGER SUBORDINATE DEED OF TRUST
CITY OF ALAMEDA
MEMORANDUM
Date: April 18, 2006
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Re: Recommendation to Adopt Plans and Specifications and Authorize Call for Bids for Repair
and Resurfacing of Certain Streets, Phase 26, No. P.W. 03 -06 -08
BACKGROUND
The City of Alameda uses a Pavement Management System to prioritize street repairs based on the
existing pavement surface condition such as cracks, rutting, raveling, anticipated traffic levels, and
type of base materials. The system identifies various categories of repair ranging from minor
maintenance to reconstruction of the street. A major goal of the Pavement Management System is to
identify streets that can have a much longer life span if treated now with a slurry seal coat and streets
that have extensive deterioration that require more repair, even reconstruction.
DISCUSSION
Under current practice, the City has identified streets for major repair work, slurry seal treatment and
repairs in isolated locations. Major repair work includes reconstruction of pavement failure areas
and asphalt concrete (AC) overlay or rubberized asphalt concrete (RAC) overlay. Slurry seal
treatment is a coating used to prolong streets useful lives, subsequent to resurfacing, pavement
markup will be added. Repairs in isolated locations that otherwise have fairly good quality
pavement, include minor reconstruction of pavement failure areas in spot locations. A copy of the
plans and specifications for the proposed repair work is on file in the City Clerk's Office.
Major Repair Work
• Third Street (from Santa Clara Avenue to Pacific Avenue) RAC
• Grand Street (from Lincoln Avenue to Encinal Avenue) RAC
• Willow Street (from Central Avenue to Clement Street) RAC
• Fernside Boulevard (from Otis Drive to Washington Court, from Encinal Avenue to Central
Avenue) AC. Note: The section between Washington Court and Encinal Avenue is included
under Recommendation to Adopt Plans and Specification and Authorize Call for Bids for
Fernside Boulevard Pedestrian Access Improvements Near Lincoln Middle School (Safe
Routes to School), No. P.W. 11- 02 -15, from the March 21, 2006 Council meeting.
• Aughinbaugh Way (from Robert Davey Jr. Drive to Baywalk Road) RAC
• Mecartney Road (from Island Drive to Aughinbaugh Way) RAC
• Chestnut Street (from Lincoln Avenue to Clement Street) RAC
• Bayo Vista Avenue (from High Street to Fairview Avenue) RAC
• Maitland Drive (from Fitchburg Avenue to 350' to the East) RAC Report 4 -D
4 -18 -06
Honorable Mayor and
Councilmembers
Page 2
April 18, 2006
• Monte Vista Avenue (from High Street to Fernside Boulevard) RAC
• Fairview Avenue (from High Street to Fernside Boulevard) RAC
• Atlantic Avenue south side (from Webster Street to Constitution Way) RAC
• Portola Avenue (from Eighth Street to east end)
Surry Seal Treatment
• Lincoln Avenue (from Central Avenue to Fifth Street)
■ Atlantic Avenue (from Constitution Way to Challenger Drive)
■ San Jose Avenue (from Peach Street to Fernside Boulevard)
• Fillmore Street (from Peach Street to Fernside Boulevard)
• Atlantic Avenue north side (from Webster Street to Constitution Way)
• Robert Davey Jr. Drive (from 200' north of Oyster Pond to Aughinbaugh Way)
Repairs in Isolated Locations
• Shoreline Drive (from Westline Drive to Broadway)
ENVIRONMENTAL COMPLIANCE
Street maintenance activities are categorically exempt under the California Environmental Quality
Act of 1970 (CEQA), Section 15301(c).
BUDGET CONSIDERATION/FINANCIAL ANALYSIS
The work will be funded under CIP# 82 -01 using Proposition 42 and General funds approved by
Council on December 6, 2005 and Measure B and Gas Tax funds from the 2004 -2006 budget.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
RECOMMENDATION
Adopt plans and specifications and authorize a call for bids for the Repair and Resurfacing of Certain
Streets, Phase 26, No. P.W. 03- 06 -08.
Respectfully submitted, Prepared by,
Barbara Hawkins
Acting Public Works Director
MTN:TN:gc
cc: Measure B Watchdog Committee
G: \pubworks \pwadmin\ COUNCIL \2006\041806\resurfacing26g. doc
Trung guyen
Assistant Civil Engineer
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Councilmembers
From: Debra Kurita
City Manager
Date: April 18, 2006
Re: Resolutions amending the Alameda City Employees Association Salary
Schedule and the Management and Confidential Employees Association Salary
Schedule.
BACKGROUND
The Memorandum of Understanding for the Alameda City Employees Association (ACEA)
was adopted in 2004 and covers the period July 1, 2003 through June 30, 2006. The
proposed resolution establishes the hourly salary range on the ACEA salary schedule for the
new classification of Permit Technician III.
The Memorandum of Understanding for the Management and Confidential Employees
Association (MCEA) was adopted in 2002 and covers the period September 9, 2002 through
December 31, 2004. The proposed resolution establishes the biweekly salary range on the
MCEA salary schedule for the new classification of Police Records & Communications
Manager.
DISCUSSION
ACEA:
The Planning and Building Department developed a plan for staffing changes that were
factored into their fiscal year 2005/2006 budget that was approved by Council. This plan was
designed to address increasing service demands and to provide succession planning as the
department experienced attrition. The Permit Technician III classification is designed to
create a promotional ladder and establish a classification that performs more complex work
and has a zoning inspector certification as a requirement. The compensation for this new
classification is being recommended at a rate five percent above that of Permit Technician II.
MCEA:
Supervision and management of the Police Department's records and communications
functions are performed by a Senior Management Analyst. The creation of the Police
Records & Communications Manager classification recognizes the unique and specialized
nature of the work. The compensation of this classification will remain at the existing rate as
that established for Senior Management Analyst.
Re: Resos 4 -E
4 -18 -06
Honorable Mayor and
Councilmembers
BUDGET CONSIDERATION /FINANCIAL IMPACT
April 18, 2006
Page 2 of 2
There is no financial impact to the General Fund related to establishing the salary range for
Police Records & Communications Manager. The position is currently funded in the Police
Department's budget under the Senior Management Analyst classification at the same pay
range as that recommended for the new classification.
The annual increased cost for the Permit Technician III classification is $13,858. This cost
was included in the FY 04/06 Planning and Building Department's budget.
RECOMMENDATION
Adopt resolutions:
Amending the Alameda City Employees Association (ACEA) Salary Schedule by
Establishing the Salary Range for the Classification of Permit Technician III.
Amending the Management and Confidential Employees Association (MCEA) Salary
Schedule by Establishing the Salary Range for the Classification of Police Records &
Communications Manager.
Respectfully subm
Karen Willis
Human Resources Director
E
1
u_
o
CITY OF ALAMEDA RESOLUTION NO.
AMENDING THE ALAMEDA CITY EMPLOYEES ASSOCIATION (ACEA) SALARY
SCHEDULE BY ESTABLISHING THE SALARY RANGE FOR THE CLASSIFICATION OF
PERMIT TECHNICIAN III
BE IT RESOLVED by the Council of the City of Alameda that the salary resolution of
Alameda City Employees Association (ACEA) is hereby amended by establishing the salary
rates, salary range, salary steps and benefits for the classification of Permit Technician III
designating those as applicable to these classifications in the service of the City of Alameda.
CITY OF ALAMEDA
ALAMEDA CITY EMPLOYEES ASSOCIATION
Effective April 30, 2006
5 Thirty -seven and one -half (37 '/2 hour workweek.
* * **
Resolution #4 -E CC
4 -18 -06
HOURLY
Code
Classification
Step
Step
Step
Step
Step
Step
Step
Step
NON - EXEMPT
AA
A
B
1
2
3
4
5
3274
Permit
Technician III
$20.40
$21.42
$22.49
$23.61
$24.79
$26.03
$27.33
$28.70
5 Thirty -seven and one -half (37 '/2 hour workweek.
* * **
Resolution #4 -E CC
4 -18 -06
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 , 2006, 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 , 2006.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO.
AMENDING THE MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION
(MCEA) SALARY SCHEDULE BY ESTABLISHING THE SALARY RANGE FOR THE
CLASSIFICATION OF POLICE RECORDS & COMMUNICATIONS MANAGER
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 classification of
Police Records & Communications Manager designating those as applicable to this classification
in the service of the City of Alameda.
CITY OF ALAMEDA
MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION
Effective April 30, 2006
Code
Classification
EXEMPT
BI- WEEKLY
Step
1
Step
2
Step
3
Step
4
Step
5
4068*
Police Records &
Communications Manager
$2903
$3048
$3200
$3360
$3528
*Indicates classification with thirty -seven and one -half (37 1/2) hour original workweek.
Resolution #4 -E CC
4 -18 -06
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 , 2006, 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 , 2006.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
To: The Honorable Mayor
and Members of the City Council
From: Debra Kurita
City Manager
Date: April 18, 2006
Re: Public Hearing to Consider a Recommendation to Adopt FY 2006/07 CDBG
Action Plan and Authorize the City Manager to Negotiate and Execute
Related Documents. Agreements and Modifications
Background
Community Development Block Grant (CDBG) funds from the federal Department of
Housing and Urban Development (HUD) finance programs and activities that benefit low-
and moderate - income persons and help prevent or eliminate slums and blight. The
2006/07 CDBG Action Plan, describing the proposed use of CDBG funds in the coming
year, must be approved by Council and submitted to HUD by May 15, 2006. All citizen
participation requirements have been met.
Discussion /Analysis
The FY 2006/07 draft Action Plan is enclosed as Attachment A. The Action Plan
Summary, Attachment B, summarizes the activities recommended for funding in the
2006/07 fiscal year. Staff recommendations discussed below are based on needs
identified through a variety of community engagement activities, including preliminary
results from the Social Service Human Relations Board's (SSHRB's) community needs
survey, consultation with community -based organizations, sponsorship or attendance at
several neighborhood and community outreach events, media and website notices inviting
citizen comments, and the City Council's January 17, 2006 public hearing on housing and
community development needs.
Public Facilities & Improvements: Two public facility projects are proposed. The first
project involves design and planning for additional upgrades to Woodstock Park. The
second project provides additional funding for the Non - Profit Public Facility Revolving Loan
Fund, which offers financial assistance for non - profit organizations and public agencies to
install and /or improve CDBG - eligible public facilities.
Re: Public Hearing 5 -A
4 -18 -06
The Honorable Mayor
and Members of the City Council
April 18, 2006
Page 2
Public Services: Attachment C lists current, requested and proposed funding for all public
services providers based on proposals received. Priorities identified in the community
participation process appear as focus areas. Program descriptions and proposed service
levels are identified, and FY 05 -06 program performance is noted for all organizations that
are currently funded.
Due to the receipt of additional program income, public service funding levels are similar to
last year's, in spite of an almost 10% reduction in the grant allocation. This year, public
service funding recommendations shift to a two -year cycle, helping to streamline proposal
processing, while enhancing program stability and optimizing resources for direct service
delivery.
Funding recommendations allocate 100% of available public service funding, estimated to
be $249,169, for FY 2006/07. Program funding for 2007/08 is recommended for
authorization, contingent upon funding availability and satisfactory 2006/07 contract
performance. Due to the uncertainty of CDBG funding allocations for FY 2007/08, public
service funding levels for FY 2007/08 will be determined as a part of the Action Plan
process for FY 2007/08. Organizations approved for funding this year will not have reapply
for funding next year.
At Council's request, the SSHRB reviewed staff's public service recommendations, and
heard public comment from three organizations expressing support of staff
recommendations. These are the only comments received thus far in the 30 -day public
review period, which concludes with the public hearing before Council on April 18, 2006.
The SSHRB has concurred with staff recommendations, as noted in the attached report
included as Attachment D.
Rehabilitation: The Substantial Rehabilitation Program is funded in accordance with the
requirements of the Guyton Agreement to develop new units in vacant or underutilized
space in existing residential and mixed -use structures. Funds are recommended for the
Housing Rehabilitation Program to continue this previously approved program. Residential
predevelopment funding will be used to identify future development opportunities for the
Substantial Rehabilitation program.
Special Economic Development: Funding is recommended for the development of an
Economic Development Initiative program to provide CDBG - eligible assistance to
commercial property owners and businesses for the purpose of creating or retaining jobs
and /or eliminating blight. Marketing of the program will begin once staff develops program
guidelines, including related agreements and loan documentation.
Technical Assistance Program: Technical Assistance activities help agencies increase their
capacity to meet community needs. Based on the successes of previously funded
technical assistance projects, funding is recommended for a technical assistance program,
which will enable organizations to apply for funding to meet capacity building needs as they
arise.
Continuation of Existing Activities: Programs and projects previously approved by Council
with prior years' funding will continue to be undertaken. Programs and projects include:
The Honorable Mayor
and Members of the City Council
April 18, 2006
Page 3
construction of the downtown parking structure using $7.8 Million Section 108 program and
the Brownfields Economic Development Initiative (BEDI) funds; acquisition of the Food
Bank Portable, continuation of the Woodstock to Webster Neighborhood Improvement
project and Blight Busters program.
Planning /Administration /Program Delivery: The Plan includes allocations for Fair Housing
services, Continuum of Care support, program delivery, planning, and administration
related to the development and implementation of all CDBG - eligible and CDBG- funded
projects, including Section 108 and BEDI funding. In furtherance of the CDBG objective of
assistance to lower- income residents, staff researches and applies for other funding
sources to meet community needs and provides support to the Rent Review Advisory
Committee, the SSHRB, the Volunteers in Tax Assistance (VITA) project and similar
activities.
Following approval of and in accordance with the FY 2006/07 CDBG Action Plan, Grant
Agreements or Modifications will be negotiated to fulfill Federal and City requirements. The
form of Agreements and Modifications are the same as those previously approved by the
Council and City Attorney.
Environmental Review
The execution of related agreements and final funding commitments are subject to
satisfactory environmental clearance under 24 CFR Part 58.
Fiscal Impact
CDBG funds provide services and improvements to low- and moderate - income residents
and neighborhoods. CDBG funds are also used to leverage millions of dollars of private,
foundation, and other public funds for Alameda through private investment and matching
grants. This Action Plan will allocate $1,367,112 in new CDBG Entitlement funds. Other
CDBG funds noted in the Plan include: an estimated $190,000 in program income from
loan repayments, $120,681 in unanticipated FY2005/06 program income, and $278,182 in
reallocated prior year funding. This is a total budget of $1,955,975. There is no impact on
the General Fund.
Recommendation
Adopt the FY 2006/07 CDBG Action Plan and authorize the City Manager to negotiate and
execute Grant Agreements, Grant Modifications, and other related documents.
The Honorable Mayor
and Members of the City Council
Resp- tfu, submitted,
Les ' - Little
Development Services Director
By: Debbie Potter
Base Reuse and Community Development Manager
DP/TW:sb
April 18, 2006
Page 4
Attachment A: FY CDBG 2006/07 Draft Action Plan
Attachment B: CDBG FY 2006/07 Action Plan Summary
Attachment C: CDBG Proposals Received and Year -to -Date Performance Summary
Attachment D: SSHRB FY 2006/07 Public Service Recommendations
cc: All FY 2006/07 CDBG Funding Proposal Applicants
Social Services Human Relations Board
G: \CDBG \CONSPLAN\AnnPlans\2006 \CC Reports & Off Agenda\AP06.doc
F: \32.1(h)
F \P \General 06/07 \final
Attachment A
CITY OF ALAMEDA
ACTION PLAN
SECOND YEAR PLAN
FOR
FY 2006 -2007
Draft
EXECUTIVE SUMMARY
The City of Alameda is one of eight jurisdictional members of the Alameda County
HOME Consortium. The Consortium was formed so participating jurisdictions could
receive HOME funding from the federal Department of Housing and . Urban
Development (HUD.) As the lead agency for the Consortium, Alameda County
coordinates Tong -range planning and annual applications to HUD for both HOME and
Community Development Block Grant (CDBG) funding. While HOME funds are
administered by Alameda County on behalf of the participating jurisdictions, CDBG
funds come to some of the participating jurisdictions, including Alameda, as annual
"entitlement" funds.
This Action Plan covers the period from July 1, 2006 through June 30, 2007 and
addresses resources to be received by the City of Alameda from HUD. In this Action
Plan period, the City will receive $1,367,112 in CDBG Entitlement funds. Other CDBG
funds noted in the Plan include: an estimated $190,000 in program income from
loan repayments; $120,681 in unanticipated . FY 2005/06 program income; and
$278,182 in reallocated prior year funding; $287,399 in HOME funds, including
ADDI (American Dream Downpayment Initiative) funding will also be received.
As required by HUD, the HOME Consortium developed broad policy goals for the use
of CDBG, HOME and , other federal funds and outlined priority needs in the
Consortium's 5 -Year Strategic Plan, covering FY 2005/06 through FY 2009/10. The
Priority Needs identified in the 5 -Year Strategic Plan include: preserving and
increasing affordable housing and supportive services, reducing housing
discrimination, addressing and preventing homelessness, and addressing non -
housing community development needs such as neighborhood improvements, public
services, accessibility improvements and economic development.
In preparing its . 2006 -07 Action Plan, the City consulted with community -based
service providers, residents and City departments and boards to obtain feedback
regarding priority needs and objectives and developed projects and activities to
further these objectives. During the past year, the City's Social Services Human
Relations Board (SSHRB) has been working on a comprehensive needs assessment
of the community. Although the final assessment has yet to be released, a detailed
presentation of the preliminary results was presented to the public. After the
presentation, public comments were received on the priority needs identified.
As a result of the public meeting regarding housing and community development
needs, the SSHRB recommended that services addressing the following areas be
emphasized: safety net services; services that empower Alamedans towards
economic and social self- sufficiency; improved access to affordable housing; and
increased services outreach targeted towards isolated populations that include
seniors, non - english speakers, single parents and those with disabilities. At a second
public meeting, City Council discussed the recommendations made by the SSHRB
and received public comment on identified housing and community needs. Data
regarding needs and projects to address those needs were also culled from a variety
of sources, including census data, and City documents such as the Capital
Improvement Plan. Activities and outcomes proposed to address the identified needs
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 1
for FY 2006 -07 CDBG and HOME funds are summarized in Appendix A, the Summary
of Housing and Community Development Activities.
During the Action Plan period, the City of Alameda will continue many of the current
programs and undertake several new projects to respond to identified priority needs.
Alameda's residential rehabilitation programs leverage substantial private investment
and utilize revolving loan funds to generate additional financial resources, which
provide funding to preserve and create new affordable housing. The City will
maintain its commitment to a healthy community by controlling lead -based paint
hazards in older housing and educating residents through its participation in the
Alameda County Lead Poisoning Prevention Program.
The City will continue to produce new affordable rental and ownership dwelling units
during the Action Plan period. In addition to the recent production of 62 new
affordable home ownership and rental units at Bayport, which are slated for full
occupancy by June, construction on an eight -unit affordable home ownership project
will also begin. This project will be funded in part with HOME funds. Early
predevelopment activities on a 39 -unit project serving very -low and low- income
households is anticipated. Additionally, Alameda has a comprehensive First -Time
Homebuyer program that educates prospective homeowners and assists very low to
moderate - income buyers with down payment assistance (DPA). During the Action
Plan period, the City will make use of several funding sources, including American
Dream Downpayment Initiative (ADDI),to fund the DPA program.
The City is likewise committed to reducing housing discrimination and will undertake
a variety of activities towards that end. Alameda contracts with Sentinel Fair
Housing, a HUD - certified fair housing counseling agency, and will continue its
support of fair housing education, testing and counseling during the Action Plan
period. In support of this effort, the City will also fund a new training program with
East Bay Community Mediation (EBCM) that will provide 40 hours of conflict
resolution and mediation training for up to 30 low- and moderate - income members
of the community. Tenant and landlord complaints, including complaints regarding
housing discrimination, can benefit greatly from mediation services by providing the
parties with a forum to hear and discuss the facts of their dispute. The City
anticipates the recruitment of up to 30 volunteers through the EBCM program who
will be available to help mediate community conflicts, such as those arising from
tenant and landlord complaints.
The City is a founding member of the Alameda County Homeless Continuum of Care
Council, which coordinates research, planning, grantsmanship and application of
resources to address homelessness within the County. In 2006 -07, the City will
maintain its license with the Navy to provide a site for the Midway Shelter and work
with the facility owner and operator to address deferred maintenance items at the
site. In addition, a portion of the City's CDBG funds will be allocated to support the
Midway Shelter's operations and to finance homeless prevention programs currently
operated by the Alameda Food Bank and the American Red Cross, Bay Area Chapter.
Alameda will continue to support the provision of service - enriched housing through
participating in and funding of the Continuum of Care Council, which advocates for
and administers Supportive Housing Program (SHP) funding for special needs
housing at the Alameda Point Collaborative. The City will continue supporting
service - enriched housing for six developmentally disabled residents through a
deferred loan on the property.
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 2
During the Action Plan period, the City will continue and extend its support of several
non - housing community development projects, including funding of several public
service contracts. Phase I of the Woodstock to Webster Neighborhood Improvement
Project, formerly known as West Alameda Neighborhood Improvements, will be
designed and implemented and the "Blight Busters" revolving loan fund will finance
the demolition of unsafe and dilapidated structures that have a blighting and
nuisance impact on the Alameda Point Collaborative residential neighborhood. The
City will begin designing Phase II of Woodstock Park improvements to restore
playability of the only sports fields in the West Alameda neighborhood.
The 2006 -07 CDBG Action Plan Summary, which is included as Appendix B, provides
detailed information about activities to be funded with CDBG resources. Appendix A,
the Summary of Housing and Community Development Activities, also provides
information about the aforementioned activities, as well as a number of other
housing, community and economic development initiatives that are being developed
or taking place in the City of Alameda. The City looks forward to implementing
projects and programs during the. Action Plan period to improve conditions in
Alameda's neighborhoods and enhance the quality of life for City residents.
ACTION PLAN NARRATIVE
Geographic Overview
The City of Alameda is an island city of approximately 74,400 residents.
Approximately 12.4 square miles in size, the City is located in the geographic center
of the San Francisco Bay Area, 12 miles east of San Francisco and separated from
the City of Oakland by an estuary. A map showing the City's boundaries and
identifying all low -and moderate - income areas is included in Appendix C.
All activities discussed in this Plan are intended for, and open to, income - eligible
households and persons within the City of Alameda. Because of the City's compact
geography and its housing conditions, programs are implemented on a community -
wide basis unless otherwise indicated, with participants' eligibility determined based
on the household's income. Some programs, however, are administered based on
the low- and moderate - income status of the neighborhood. Any census tract where
more than 48.4% of households have incomes at or below 80 percent of area median
income qualifies as a low- or moderate - income area. A map showing the geographic
boundaries of the City and identifying low- and moderate - income neighborhoods is
included as Appendix C to this Plan. During the 2006 -07 Action Plan period, CDBG-
and HOME- funded services will be provided both Citywide and targeted to specific
low- income neighborhoods.
For example, based on citizen input, census and local data collection and provider
advocacy, substantial resources will be directed to Census Tract 4276, which has the
highest concentration of low- income and minority households, and a high proportion
of youth and young adults. Through programs like the West Alameda Teen Club and
the Woodstock to Webster Neighborhood Improvement Project, the City will improve
the physical environment and focus resources on safety -net and empowerment
services needed by the area's residents.
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 3
Census tract 4275, a low /mod income neighborhood, is Alameda Point, the former
Alameda Naval Air Station, where 200 formerly homeless households live in
rehabilitated military housing and receive social services from the Alameda Point
Collaborative (APC). Examples of programs that can be targeted to Census Tract
4275 include public services, non - profit capital improvement projects, rental
rehabilitation and technical assistance. For example, the Development Services
Department (DSD) is in the early stages of developing a partnership with Alameda
Point Collaborative, Rising Sun Energy Center and Alameda Power and Telecom, the
City -run electric company. Under the partnership, DSD is working to leverage more
than $55,000 in funding and training expertise to establish a local California Youth
Energy Services program, which will train APC and other youth in Alameda to
perform energy audits and minor energy upgrades, like the installation of weather
stripping and compact florescent lights. The City is pleased to note that this effort is
consistent with HUD's new Energy Action Plan, which promotes the benefits of
energy efficiency.
At the same time, there are many low- income homeowners and renters who live in
other Alameda neighborhoods, and assistance will be provided to qualified
households through residential rehabilitation, homeownership, and public service
programs. A detailed listing of these activities and the intended beneficiaries is
included as Appendix A. The City works continuously with City departments, other
public agencies, community -based organizations and neighborhoods to identify and
address obstacles to meeting underserved needs. During the Action Plan period, the
City's Social Service Human Relations Board will publicize the final results of a
community assessment that was designed to identify unmet needs and strategies to
remove obstacles to meeting these needs.
Managing the Process
The City of Alameda is the lead agency for the receipt and administration of CDBG
Entitlement funds. The City is a member of the Alameda County HOME Consortium,
administered by the Alameda County Housing and Community Development
Department on behalf of the participating jurisdictions. The HOME Consortium
establishes priority needs which are adopted by the participating jurisdictions. During
FY 2006 -07, the City will continue to collaborate with providers and community
members through quarterly meetings of the Alameda Services Collaborative, bi-
monthly meetings with the Alameda Point Collaborative, periodic meetings with
residents of the West Alameda Neighborhood and numerous other community
meetings regarding housing, health and social service issues. The City will maintain
regular contact with the Alameda Housing Authority and other City, County and
school district officials to enhance coordination of activities and service delivery.
Citizen Participation
The City follows a Citizen Participation Plan (Appendix D), which was updated and
adopted last year in conjunction with the 5 -Year Strategic Plan. Consistent with the
Citizen Participation Plan, the City published a notice seeking and encouraging public
comment regarding housing and community development needs and held two public
meetings to receive citizens' comments regarding the identified needs. Similarly, the
City published notices inviting comments regarding the proposed Action Plan and will
hold two public hearings for citizens and community -based agencies to comment on
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 4
the Plan and proposed use of funds. The availability of translation and interpretive
services is noted in all Plan notices and announcements. Alameda County also
published a notice inviting comments regarding the Consortium's Consolidated
Strategic and Action Plans.
During the comment period on housing and community development needs, citizens
noted the need for safety net services such as emergency food and shelter, and for
empowerment services such as childcare and after- school programs. The Social
Service Human Relations Board received comments and prepared a written
statement regarding the identified needs, attached as Appendix E. The comment
period for the proposed annual Action Plan ends on April 17.
Other opportunities for citizen participation include participation in surveys, town
meetings and focus groups. Additional strategies include extensive outreach through
mailings, simple surveys, media, including website postings, and direct outreach to
underserved populations . through community -based providers, helps to reach
minority and limited - English speaking residents. Through the Mayor's Commission on
Disability Issues, persons with disabilities participate in the development of plans for
public improvements such as the Woodstock to Webster Neighborhood Improvement
Project.
Institutional Structure
The City's Development Services Department is ; responsible for planning and
implementing neighborhood development, community services, residential and non-
profit rehabilitation, new housing development, economic development and
redevelopment activities. The Development Services Department works closely with
other City departments such as the Housing Authority, and Public Works and
Recreation and Parks Departments to accomplish priority objectives outlined in the
Action Plan. City Boards and Commissions, such as the Housing Commission, the
Rent Review Advisory Committee and the Social Service Human Relations Board are
advisory to the City Council and provide input regarding priority community needs
and objectives.
Due to recent staffing vacancies and department restructuring, some projects funded
by CDBG have been delayed. The Development Services Department is taking steps
to ameliorate the delays through recruitment and work reassignments. Under the
provisions of 24 CFR 570.902 of the CDBG regulations, a grantee is considered to be
timely, if 60 days prior to the end of the grantee's program year, the balance in its
Tine -of- credit does not exceed 1.5 times the annual grant. The City has a long
history of meeting its timeliness requirement, and will take all actions necessary
under the provisions of the law to meet its obligations.
Draft ACTION PLAN FY 2006 -07
City of Alameda.
Page 5
Monitoring
The City of Alameda has always placed a high priority on monitoring to ensure
programs and projects are in compliance with federal regulations and with the
planning and goals of the community. The City's monitoring effort begins with the
execution of legal agreements with nonprofit subgrantees, and housing owners, and
memoranda of understanding with other public agencies. By incorporating
performance requirements and reporting procedures, including outlines of specific
objectives, timelines and budgets, the City is able to evaluate performance.
Additional procedures for monitoring include:
Public Services
• Monitoring subgrantees' quarterly performance reports and requests for
reimbursements
• Annual or biannual on -site monitoring
• Annual review of audits for continuing subgrantees
• Consolidated Annual Performance Report (CAPER)
Facilities and Improvements
• Capital Projects Team
• On -site monitoring of construction progress and labor monitoring
• Project oversight by City's Public Works Department
• Consolidated Annual Performance Report (CAPER)
Housing
• Redevelopment Agency Implementation Plans describing affordable housing
programs
• Redevelopment Agency Annual Report discussing affordable housing
• Guyton Annual Report discussing total housing units developed City -wide
• Design Review Team
• On -site monitoring of construction progress
• Review of project expenses
• Housing Element Annual Report
• Consolidated Annual Performance Report (CAPER)
With the advent of performance measures, monitoring has become an even more
important tool for communities working to tie community needs to quantifiable
outcomes. The City of Alameda and its partner members in the Alameda County
HOME Consortium are making strides in this area, and have adopted performance
measurements as a part of the FY 2005/06 5 -Year Consolidated Plan (available on
the City's website at www.ci.alameda.ca.us).
The Consortium performance measurements were created before HUD's current
effort to institute a national standard for performance based measurements.
Utilizing the preliminary guidance provided by HUD, the City is in the process of
incorporating HUD's performance based measurements. As an example, the FY
2006/07 public service Request for Proposals included information and guidance on
creating a performance based outcome statement that would be acceptable under
the new HUD system. It appears that the City's decision to incorporate the
measurement system based on preliminary guidance was prudent, as HUD just
issued a final rule dated March 7, 2006, which dictates the implementation of the
new requirements beginning this fall.
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 6
Lead -based Paint
The City participates in the Alameda County Service Area for Lead Abatement
(CSALA), which funds the Alameda County Lead Poisoning Prevention Program
(LPPP). Through the LPPP, renters and homeowners receive information, and testing
kits for lead hazards in their homes and other environmental lead hazards.
City staff have received certification and training in lead based paint inspection,
project design and project monitoring and work with the LPPP staff, property owners
and contractors to identify, control and /or abate lead paint hazards in low- and
moderate - income renter- and owner - occupied properties. In implementing
rehabilitation programs, the City notifies tenants of lead -based paint hazards; refers
owners to an environmental testing firm for risk assessments; initiates lead hazard
controls and /or abatement protocols in conformance with the HUD Guidelines; and
obtains final clearance testing. In conducting its inspection responsibility in the
Section 8 Housing Choice Voucher program, Alameda Housing Authority inspectors
are trained to look for chipped or peeling paint that might cause a lead poisoning
problem; lead -safe remediation of the hazard and clearance testing is required and
performed by outside contractors. The Authority has tested its public housing units
for lead -based paint and has completed abatement.
Specific Housing Objectives
Based on the Comprehensive Housing Affordability- Strategy (CHAS) Data Book for
the 2005 Consolidated Plan (data current as of 2000), over 1/3 of all households in
Alameda have some form of housing problem, the most common problem being cost
burden (paying more than 30% of income for housing costs). Other forms of
housing problem include substandard housing, overcrowding, or some other
problem. Alameda has 15,515 renter households, 43.8% of which have some form of
housing problem, and 14,392 owner households, 30.3% of which have some form of
housing problem.
As noted in the Housing Needs Table (Appendix F), the percentage of households
with housing problems is much greater at lower income levels, than for the
population as a whole. Approximately 3/4 of all extremely low- and low- income
households have housing problems. Almost all extremely low- income households
with housing problems face a severe cost burden (paying more than 50% of income
for housing costs). Large families of five or more, both renters and owners,
comprise especially high percentages with housing problems. More elderly renters
face housing problems than the general population, while elderly homeowners
demonstrate slightly lower percentages with housing problems at the various income
levels. -
As demonstrated by the Housing Needs Table, the need for affordable rental and for
sale housing far outstrips available supply. However, efforts by the City to preserve
existing affordable housing and to increase the supply are continuous. For example
the City, in partnership with Resources for Community Development (RCD), a non-
profit housing developer, has substantially completed two housing development
projects. The Breakers at Bayport, a 52 -unit rental project will combine housing and
support services for 52 very low- and low- income households. The Landing at
Bayport, a 10 -unit ownership development will be occupied by moderate income first
time homebuyers. Both projects are expected to be occupied by June 2006.
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 7
The City will continue to develop affordable housing during the Action Plan period.
HOME funds will be used to fund an eight unit for sale project that will begin
construction in FY 2006. The project, a partnership with the Alameda Development
Corporation and Habitat for Humanity will provide housing for very low -, low- and
moderate - income households. The City also expects to begin predevelopment work
on thirty -nine new rental units for very low- and low- income households. The City of
Alameda will continue to fund a number of successful housing assistance programs,
including fair housing and housing counseling services, first time homebuyer
assistance and both homeowner and renter rehabilitation in its efforts to preserve
existing affordable housing.
The City is particularly interested in affirming its commitment to fair housing.
Acknowledging that education is the key to fair housing, the City in partnership with
its fair housing provider, Sentinel Fair Housing, is working to identify and implement
new strategies to educate the community. Some newly implemented education
strategies include the distribution of fair housing material targeted towards non -
English speaking property owners, and training for various City staff on Section 504
of the Rehabilitation Act of 1973, which provides protections and program
accessibility requirements for disabled persons.
Other priorities and specific housing objectives that the City of Alameda hopes to
achieve during the next year are shown in the Summary of Housing and Community
Development Activities Table, attached as Appendix A. Because of the City's
compact geography and housing conditions, programs are implemented on a
citywide basis unless otherwise indicated. Anticipated resources and targeted
outcomes are also shown, as appropriate, in the Summary of Housing and
Community Development Activities Table.
Needs of Public Housing
The City of Alameda Housing Authority's strategy to serve the needs of its residents
are detailed in its 5 -Year Plan for FY 2005/06 to 2009/10 and its Annual Plan for FY
2006/07. Both are available from the Housing Authority, located at 701 Atlantic
Avenue, or by telephone at (510) 747 -4318. In brief, the Authority operates one
public housing complex, Esperanza, which contains 120 units, owns and manages
440 affordable housing units, manages an additional 13 housing units and
administers approximately 1,389 Housing Choice Vouchers. On an annual basis, the
Housing Authority received a formula -based Public Housing Capital Fund grant of
approximately $220,000, which is used for maintenance and other operations of
Esperanza. While Esperanza is in good shape and well maintained, the complex is
over 30 -years old and over the next five -year period, the complex will need a new
roof, painting, and replacement of kitchen cabinets. The Housing Authority
estimates that rehabilitation will cost approximately $4.9 million. In general, all
Housing Authority managed units are in good condition and well maintained.
The Housing Authority maintains waiting lists for Section 8 Housing Choice Vouchers
and for affordable housing units, including public housing units. There are
approximately 3,000 households on the affordable housing list and over 6,000
households on the Section 8 Housing Choice Voucher list. The lists are closed, and
the Housing Authority does not expect to reopen the list in the coming year. The
Housing Authority Annual Plan includes an analysis of its waiting list and an
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 8
assessment of the needs of tenants and applicants on the waiting list for accessible
units.
The Housing Authority holds regular town hall /budget and other meetings to enable
residents to voice concerns, to ask questions on a variety of topics, and to give input
on a regular basis on the management of their community. The Housing Authority
publishes regular newsletters for residents that encourage participation at townhall
meetings and other public events.
Barriers to Affordable Housing
The City of Alameda's Housing Element identifies housing needs and lays out policy
and strategies to meet those needs for the whole community. The Housing Element
describes the City of Alameda's efforts to remove governmental constraints and how
the City seeks to minimize any negative impacts of governmental policies,
regulations and procedures on the development of affordable housing. The following
is a summary of policies now in place to ameliorate some of the barriers to affordable
housing:
Amnesty Program: The Amnesty Program encourages property owners to correct
health and safety code violations and legalize illegally developed units. For the most
part, Tower- income households occupy these units.
Building Fees: The City waives City - controlled fees for new affordable units
developed through the Substantial Rehabilitation Program.
Fair Housing Services and Housing Counseling: Housing discrimination is a barrier to
affordable housing as indeed it is a barrier to fair access to all types of housing. The
City's Analysis of Impediments to Fair Housing, available on the City's website at
www.ci.alameda.ca.us, identifies those barriers to affordable housing related to
discrimination in housing. Among the City responses to housing discrimination is its
contract with Sentinel Fair Housing to provide fair housing and housing counseling
services to Alameda tenants and property owners. Concerns regarding
discrimination, maintenance problems, tenant /landlord disputes and other issues
associated with local housing conditions create an on- going need for fair housing
counseling services. There is a continuing need to provide information and referrals
to tenants, property owners and home - seekers regarding tenant /landlord rights and
fair housing, and to assist low- and moderate - income renters in understanding
move -in rent and security deposit requirements.
Homebuyer Assistance: The City provides downpayment assistance loans to first -
time homebuyers for the purchase of a single - family residence anywhere in Alameda,
thereby increasing housing affordability. The City also sponsors free first -time
homebuyer workshops to help low- and moderate - income households navigate the
homebuyer process.
Inclusionary Housing: The City increased inclusionary requirements from 15% to
25% in all redevelopment areas and established an inclusionary requirement of 15%
outside of redevelopment areas.
Non - Residential Development Impact: Developers of new or expanded non-
residential projects provide affordable housing units or pay impact fees to help
finance new affordable housing.
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 9
Parking Requirements: The City has enacted an in -lieu parking fee, which allows a
reduction of on -site parking when fees are paid into a transportation systems
management fund.
Transient Occupancy Tax: The City rebates the Transient Occupancy Tax charges on
motel vouchers for the homeless. These funds are then used to serve the homeless
population.
HOME/ American Dream Down payment Initiative (ADDI)
As a member of the Alameda County HOME Consortium, the City of Alameda expects
to receive $287,399 in HOME and ADDI funds that will be used to serve the housing
needs and goals of the community. Consistent with HOME regulations, the City will
use its HOME allocation for the construction of new affordable housing, both rental
and homeownership. The City is in the early planning stages of a 39 -unit rental
project and expects to complete an eight unit homeownership project in 2007.
HOME and ADDI funding will be used to fund the City's Down Payment Assistance
(DPA) program. Under the program, first time homebuyers are eligible for loans up
to $50,000 that can be used towards the down payment and /or closing costs on the
purchase of a single family residence in Alameda. The City currently contracts with
First Home, Inca to administer the program which includes first time homebuyer
workshops and individual counseling sessions. The program is marketed at both a
local and regional level via websites, brochures, advertisements and through First
Home's connections to the broader affordable housing lending community. Through
interdepartemantal coordination between DSD and AHA, local residents of public
housing and Section 8 Vouchers holders have additional access to program
information made available through newsletters, brochures and presentations.
Specific Homeless Prevention Elements
Responding to the need for comprehensive planning and coordination of services for
the homeless, the 45- member Alameda County -wide Homeless Continuum of Care
Council was formed in 1997. The Council coordinates local efforts to address
homelessness and seeks to maintain the existing service capacity, build new
partnerships that generate greater resources for the continuum of housing, services,
and employment, and establish inter - jurisdictional cooperation. The City of Alameda
is a participating jurisdiction in the Continuum of Care Council.
In May 2004, the Continuum of Care Council published a report titled Alameda
Countywide Shelter and Services Survey - County Report, which details the nature
and extent of homelessness in the county for single individuals and families. The
County Report was based on a survey of 1,461 homeless and marginally housed
service users conducted in February and March 2003. The results indicated that
6,215 people are homeless on a given week in Alameda County. About three times
that number - 18,000 people - are homeless in a year's time. Twenty -seven
percent are "chronically homeless" - single disabled adults who have been homeless
for a long time. Over 23% of homeless people have been homeless for more than 5
years.
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 10
In the Action Plan period, the City of Alameda will apply CDBG resources to fund
several programs designed to provide services for those who are currently homeless
or for programs providing safety net services, helping to keep people from becoming
homeless. Building Futures with Women and Children (BFWC) will receive funding to
operate the Midway Shelter, serving approximately 250 women and children
annually. In addition to providing shelter and meals, BFWC provides myriad support
services designed to help clients move towards stability and self - sufficiency.
Through the American Red Cross, Bay Area Chapter, homeless prevention related
services are provided to more than 1000 individuals, and include information and
referral to food, shelter, transportation, counseling, energy assistance, and rental
assistance. Legal services provided by the Family Violence Law Center help victims of
domestic violence file restraining orders against their abusers and represent clients
in court so they can separate themselves from their abuser while remaining in their
homes. The Alameda Food Bank provides food to more than 3,000 individuals
annually, which enables low- income households to pay for housing, while not having
to sacrifice nutrition. Finally, social support and mental health services through the
Four Bridges program help mentally ill adults maintain housing, employment and
support networks.
Community Development
Public Services
CDBG funds will continue to support a variety of safety net services, including
domestic violence prevention, food services, homelessness prevention services,
emergency shelter, mental health services, and housing counseling. Safety net
services support families that are vulnerable or in crisis and help to stabilize them
until longer -term solutions such as employment or more affordable housing, can be
obtained.
Other public service goals supported by the City of Alameda include programs to
provide education, recreation, childcare and other support services to low- and
moderate - income youth and families. Programs like the West Alameda Teen Club
provide access for approximately 100 low - income youth to after- school programs
that not only provide recreational opportunities, but help boost educational
achievement by providing computer training and homework tutors. In addition to
providing direct funding to after- school programs, the City of Alameda will continue
to fund a child care voucher program through the BANANAS, Inc., a local child care
and referral agency, to assist low- income parents to join or stay in the workforce.
Lack of sufficient funding is the major obstacle the City faces in achieving its public
service objectives. The City receives twice as many public service funding requests
as actually available funding. Non - profit organizations dedicate significant time to
organizing fundraising events, soliciting donations and seeking private grants but
even with these efforts, local agencies do not have enough funding for staffing and
other basic costs of operating. In addition, based on the preliminary results of an
extensive needs assessment conducted by the Social Services Human Relations
Board (final results to be discussed in future Action Plans), demand for basic safety
net services have increased, yet CDBG entitlement allocations continue to decrease.
The 2006/07 allocation has decreased 9% from last year's allocation and based on
the President's 2007/08 budget proposal, estimated decreases range from 10% to
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 11
30% of 2006/07 funding levels. In an effort to combat diminishing resources, the
City is making use of a two -year public service funding cycle, trying to limit the
administrative time necessary to prepare and review requests for public service
funding.
Economic Development
The City of Alameda is committed to providing economic development and
entrepreneurship opportunities for low- income residents. The City was awarded a
Brownfield Economic Development Initiative (BEDI) grant for $800,000 and a $7
Million Section 108 Loan Guarantee to fund the construction of a 325 -space parking
structure in the City's downtown. Construction of the parking structure will
complement other economic development efforts already funded and underway in
the area, including the construction of a new Main Library, streetscape
improvements, the rehabilitation of an historic theater, and the construction of a new
multiplex theater. It is anticipated that the completion of this $47.4 million dollar
civic center project will create 335 new jobs, with more than 51% going to low -
moderate income persons.
As a requirement of the approved Section 108 loan guarantee, the City has put into
place systems necessary to capture the new jobs created for low and moderate
income persons by the construction of the parking garage. Realizing that CDBG
funds can be used to further spur economic development, the City will fund an
Economic Development Initiative that will provide low interest loans to commercial
businesses, in exchange for creating new jobs for low and moderate- income persons.
Details of the new program have yet to be developed, but the program will be
designed as a revolving loan fund, and will comply with all CDBG regulations
pertaining to eligibility, national objective and public benefit.
Improve Public Facilities and Infrastructure
The City utilizes CDBG funds to rehabilitate, improve and install public facilities and
infrastructure that serve low- income clients and neighborhoods. The Non - Profit
Acquisition and Rehabilitation Revolving Loan Fund is administered to give agencies
serving low- income clients access to money for capital improvements. Similarly,
public facilities serving the elderly and disabled are upgraded to improve access and
safety for these special populations. During the current Action Plan period, funding
will be provided for the design and engineering costs associated with upgrading the
playing field at Woodstock Park, a neighborhood park located in a low and moderate -
income census tract. Other previously funded projects to be implemented during the
Action Plan period include the Food Bank facility upgrade and the Woodstock to
Webster Neighborhood Improvement Project.
The City anticipates that it will continue to support one to two facilities
improvements each year. Most rehabilitation projects require several years to
complete. There are $1,084,087 in funds allocated for current public facilities needs,
including neighborhood improvements in West Alameda, park improvements in a
low- income neighborhood, and loan funds which are available for improvements to
non - profit facilities.
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 12
For additional details regarding public facility improvements and other non - housing
community development needs, please see the Summary of Housing and Community
Development Activities Table (Appendix A).
Anti poverty Strategy
The City's anti - poverty strategy will be carried out during the Action Plan period
through a combination of CDBG- funded public actions and non - profit services to low -
income residents. A range of public services are intended to move families and
individuals along a continuum from "in crisis" or "vulnerable" to "stable" or "thriving"
members of the community. In keeping with the recommendations of the City's
Social Service Human Relations Board, public services funding focuses on a
combination of safety net services and empowerment activities. Safety net services
include such things as emergency food and shelter and domestic violence services.
These services reach residents who are "in- crisis" or "vulnerable" and keep them
from falling into further crisis. Empowerment services include such things as
childcare subsidies, after - school programs and day programs for mentally ill adults.
The City's Strategic Plan includes a Non - Profit Acquisition and Rehab Loan Fund to
help community -based agencies address facility needs, thereby enhancing services
to lower- income residents. For example, a facility upgrade for the Alameda Food
Bank will improve access to nutritional food for low income Alamedans.
In 2006 -07, the City will continue to implement a number of activities to fight
poverty and improve the economic circumstances of residents, especially those living
in west Alameda. While safety net services keep families and individuals from further
decline, the City's effort to focus resources towards empowering and self- sustaining
activities provides an opportunity to connect residents with employment and training
resources, adult and youth leadership opportunities and economic incentives to
enhance economic independence and self- sufficiency.
In addition to funding public service programs and creating training opportunities like
the California Youth Energy Services, part of the City's anti - poverty strategy is to
focus attention on the needs of west Alameda residents, who overall have the lowest
incomes in the City. Funding agreements with community -based service providers
require agencies to report on services in Census Tract 4275 and 4276 so that the
City and service providers can identify trends in service requests and responses. In
the Action Plan period the City will continue its support of the Red Cross' Volunteers
in Tax Assistance (VITA) site. Low- income residents get help filing tax returns for
Earned - Income and Childcare Tax Credit refunds. The City's anti - poverty strategy
includes access to employment and training resources through its support of the
Alameda One -Stop Career Center and the satellite career center at the Alameda
Point Collaborative. The City continues to work with the Alameda Point Collaborative
in developing a first- source hiring program to increase employment opportunities for
Collaborative residents and other economically disadvantaged City residents.
Draft ACTION PLAN FY 2006 -07
City of Alameda
Page 13
CITY OF ALAMEDA
DRAFT FY 2006/07 Action Plan
Table of Appendices
Appendix A
Summary of Housing and Community.
Development Activities, Priority Needs
Table
Appendix B
Action Plan Summary Table
Appendix C
City of Alameda Map of Census Tract
Appendix D
Citizen Participation Plan
Appendix E
Social Service Human Relations Board
(SSHRB) Recommendations Regarding
Community Needs
Appendix F
Housing Needs Table
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G: \CDBG \CONSPLAN \\Annsplan\2006 \Draft Plan \Summary of HCDActivities (PriorityNeedsDraft)
CDBG FY 2006/07
(Draft) Action Plan Summary
The activities below are funded specifically with FY 2006/07 Entitlement and Program Income and reallocated
funds from previous years. Program delivery costs support continuing projects that are funded with current and
prior year funds. Funding allocations are subject to satisfactory environmental clearance under 24 CFR Part 58.
Activity & Description
LOCATION/
ELIGIBILITY
OUT-
COMES*
CDBG
FUNDING
Implementing Agency
ACQUISITION
Acquisition Program Delivery:
Estimated cost to deliver $130,000 in previously funded
projects. (Food Bank modular)
$27,043
PUBLIC FACILITIES AND IMPROVEMENTS
Non - Profit /Public Facility Revolving Loan Fund
Community -wide
570.201(c) or
570.202
570.208(a)(2)
03K
1 -2 facilities
$50,000
Financial and technical assistance to non - profit
organizations and public-agencies providing CDBG-
eligible activities to acquire, install and /or improve
facilities, including disabled access retrofit.
City Development Services Department
Woodstock Park Phase II Design
351 Cypress St.
570.201(c)
570.208(a)(1)
03F
1 park
$25,000
Additional funding for planning and design of
improvements to neighborhood park.
Public Works and Development Services Department
Public Facilities and Improvements Program Delivery:
Estimated cost to deliver $1,109,087 in funded projects.
$230,715
CLEARANCE
Clearance Activity Program Delivery:
Estimated cost to deliver $245,172 in previously funded
projects. (Blight Busters program)
$51,001
PUBLIC SERVICES
Alameda Continuum of Community Emergency and
451 Stardust
Place
570.201(e)
570.208(a)(2)
03T
1,500
individuals
$66,280
Social Services (A.C.C.E.S.S)
Case management, referrals, and direct services for
individuals and families at risk of homelessness.
Alameda Red Cross
Child Care Vouchers
Community-wide
570.201(e)
570.208(a)(2)
05L
11 children
$26,384
Limited -term vouchers for children of working parents.
BANANAS, Inc.
Mediation Training Program
Community-wide
570.201(e)
570.208(a)(2)
05
30 individuals
$15,000
Mediation Training Certificate program for low income
community members.
East Bay Community Mediation
Family Violence Prevention Services
Community-wide
570.201(e)
570.208(a)(2)
05G
125
individuals
$14,876
Enhanced prevention and information, referrals, legal
counseling for victims of family violence.
Family Violence Law Center
* Projected annual outcomes also reflect prior years' CDBG funding for some activities.
Activity & Description
LOCATION/
ELIGIBILITY
OUT-
COMES`
CDBG
FUNDING
Implementing Agency
Alameda Food Bank
1900 Thau Way
& 650 W. Ranger
570.201(e)
570.208(a)(2)
05
4,000
individuals
$20,346
Staffing and operating costs to support emergency food
programs.
Alameda Food Bank
Four Bridges
1912 Central
Ave.
570.201(e)
570.208(a)(2)
05B
60 individuals
$26,079
Support group for mentally and emotionally disabled
adults.
Bay Area Community Services
Housing Counseling
Community -wide
570.201(e)
570.208(a)(2)
05K
500
individuals
$15,251
Tenant /Landlord counseling, mediation, information and
referral.
Sentinel Fair Housing
Midway Shelter
Confidential
location
570.201(e)
570.208(a)(2)
03T
200
individuals
$42,984
Service - enriched, 24 -hour emergency homeless shelter for
women and children.
Building Futures with Women and Children
West Alameda Teen Club
401 Pacific Ave.
Third & Brush
570.201(e)
570.208(a)(2)
05D
150 -200
youth
$21,969
Youth recreation and leadership development.
Alameda Boys & Girls Club
Public Service Program Delivery:
Partial cost to deliver $249,169 in funded programs.
$15,000
SPECIAL ECONOMIC DEVELOPMENT
Economic Development Initiative
Community -wide
570.203
570.208(a)(4)
570.208(b)
1 -3 businesses
$100,000
Develop Economic Development Program to provide
CDBG - eligible assistance to commercial property owners
and businesses for the purpose of creating or retaining jobs
and/or eliminating blight.
City Development Services Department
REHABILITATION
Housing Rehabilitation
Community -wide
570.202
570.208(a)(3)
14A
5 =10 units
$217,500
Financial and technical assistance for rehabilitation of
owner- occupied units.
City Development Services Department
Substantial Rehabilitation
Community -wide
570.202
570.208(a)(3)
14A
2 -4 units
$209,168
Financial and technical assistance to restore and/or create
affordable rental units in existing vacant or underutilized
structures.
City Development Services Department
Residential Predevelopment
Community -wide
570.202
570.208(a)(3)
14A
2 units
$15,000
Financial and technical assistance to determine feasibility
and cost associated with improving a property under the
Substantial Rehabilitation program.
City Development Services Department
Rehabilitation Program Delivery:
Estimated cost to deliver $949,316 in funded projects
$249,350
Projected annual outcomes also reflect prior years' CDBG funding for some activities.
TECHNICAL ASSISTANCE
Non - Profit Technical Assistance Program
Community -wide
Non - Profit
$60,000
Technical assistance to increase the capacity of non - profit
agencies to carry out eligible neighborhood revitalization
or economic development activities.
570.201(p)
570.208(a)(1)
19C
Capacity
Building
Technical Assistance Program Delivery:
$12,481
Estimated costs to deliver $60,000* in anticipated projects
PROGRAM ADMINISTRATION
Fair Housing Services
Community -wide
25
$15,000
Fair housing education; housing discrimination counseling
and testing.
570.206
21D
households,
25 landlords
Sentinel Fair Housing
Homeless Continuum of Care
Community -wide
Enhanced
$7,345
Implementation of Homeless Management Information
570.206
Federal /State
System and development of funding resources for
Alameda and other County homeless providers.
21A
homeless
resources
Alameda County Homeless Continuum of Care Council
General Administration
570.206
$289,077
21A
Unprogrammed Funds for cost overruns
22
$133,126
TOTAL FY 2006 /07 RECOMMENDED CDBG FUNDINGS
$1,955,975
TOTAL ANTICIPATED FUNDING
$1,955,975
(from the following sources)
FY 2006/07 Entitlement
$1,367,112
FY 2006/07 Projected Program Income
$190,000
FY 2005/06 Unanticipated Program Income
$120,681
Reallocated Funds from Prior Years
$278,182
G: \CDBG \CONSPLAN\AnnPlans\ 2006 \DraftPlan\APSummaryPublic.doc
03/17/2006
* Projected annual outcomes also reflect prior years' CDBG funding for some activities.
Projected CDBG 2007/08 Public Service Funding
The City is utilizing a 2 -year funding cycle for public services. Due to the uncertainty regarding allocations,
Council will affirm funding amounts and outcomes as a part of the FY 2007/08 Action Plan, subject to funding
availability and satisfactory FY 2006/07 contract performance.
Activity & Description
LOCATION/
ELIGIBILITY
OUTOMES
CDBG
FUNDING
Implementing Agency
Alameda Continuum of Community Emergency and Social
451 Stardust Place
570.201(e)
570.208(a)(2)
TBD
TBD
Services (A.C.C.E.S.S)
Case management, referrals, and direct services including
limited -term housing assistance for individuals and families at
risk of homelessness
Alameda Red Cross
Child Care Vouchers
Community -wide
570.201(e)
570.208(a)(2)
TBD
TBD
Limited -term vouchers for children of working parents
BANANAS, Inc.
Family Violence Prevention Services
Community -wide
570.201(e)
570.208(a)(2)
TBD
TBD
Enhanced prevention and information, referrals, legal counseling
for victims of family violence
Family Violence Law Center
Alameda Food Bank
1900 Thau Way &
AP Bldg 92
570.201(e)
570.208(a)(2)
TBD
TBD
Staffing and operating costs to support emergency food program
Alameda Food Bank
Four Bridges
1912 Central Ave.
570.201(e)
570.208(a)(2)
TBD
TBD
Support group for mentally and emotionally disabled adults
Bay Area Community Services
Housing Counseling
Community -wide
570.201(e)
570.208(a)(2)
TBD
TBD
Tenant/Landlord counseling, mediation, information and referral
Sentinel. Fair Housing
Midway Shelter
Confidential
location
570.201(e)
570.208(a)(2)
TBD
TBD
Service - enriched, 24 -hour emergency homeless shelter for
women and children
Building Futures with Women and Children
West Alameda Teen Club
401 Pacific Ave.
570.201(e)
570.208(a)(2)
TBD
TBD
Youth recreation and leadership development
Alameda Boys & Girls Club
TOTAL FY 2007/08 CDBG PUBLIC SERVICE FUNDING
TBD
G: \CDBG \CONSPLAN\AnnPlans\2006 \Draft Plan\APSummaryPublic.doc
03/17/2006
Projected annual outcomes also reflect prior years' CDBG funding for some activities.
City of Alameda
2000 Census Low- and Moderate- Income Areas
Alameda is an "Exception" community, with the criteria set at 48.4 %. Any Block Group where at least
48.4% of the population does not exceed 80% AMI qualifies as a low -mod area.
CT 4271
BG 4
CT 4272
BG 2
BG 3
BG 4
CT 4273
BG 1
BG 3
BG 5
CT 4274
BG 2
CT 4275
Entire Tract
CT 4276
Entire Tract
CT 4277
BG 1
CT 4279
BG 4
CT 4281
BG 4
CT 4286
BG 2
Percent
Low -Mod (L /M)
L/M Area
Boundaries
50.1 W -Park St., N- Estuary, S /E- Tilden /Fernside /Versailles
53.3 W- Chestnut St, N- Clement Ave, E- Walnut St., S- Lincoln
Ave.
55.2 W -Grand Ave /Minturn St., N- Buena Vista /Clement Ave., E-
Chestnut St, S- Lincoln Ave.
48.4 W- Stanton St/Hibbard St. /Grand St., N- Buena
Vista /Eagle /Estuary, E- Grand Ave /Minturn St. /Oak St. /Park
St., S- Lincoln Ave./ Buena Vista /Clement/Blanding Ave.
49.1 W -St. Charles St, N -Buena Vista Ave,
E- Sherman St/Stanton St., S- Lincoln Ave.
50.6 W -9th St./Wood St., N- Railroad tracks, E- Sherman St. /St.
Charles St, S -Buena Vista /Lincoln Eagle Ave.
73.1 W- Webster St., N- Stewart Ct., Railroad tracks, E-
Constitution /9th St., S -Buena Vista Ave.
60.0 W -Main St., N- Estuary, E- Webster St.15th .St.,
S- Atlantic Ave./Tinker Ave.
74.5* W- San Francisco Bay. N- Estuary, E- Main St.,
S- San Francisco Bay
61.2 W -Main St. N- Atlantic Ave, E- Webster St.,
S- Pacific Ave /Marshall Way /Lincoln Ave.
54.4 W- Linden St/6th St., N- Lincoln Ave,
E- Webster St., S- Santa Clara /Central Ave.
54.4 W- Sherman St., N- Lincoln Ave /Santa Clara Ave.,
E- Stanton St. /Cottage St., S- Central Ave.
58.5 W -Park St., N- Lincoln Ave., E- Versailles
S- Central Ave.
54.0 W -McKay St., N- Central Ave., E -8th St/Westline St.
S -San Francisco Bay
HUD 2005 Income Limits as of February 11, 2005. Median Family Income: $82,200
Family Size 1 2
3 4
5 6
7 8
Very Low Income $29,000 $33,100
Low Income $46,350 $53,000
$37,250 $41,400 $44,700 $48,000 $51,350 $54,650
$59,600 $66,250 $71,550 $76,850 $82,150 $87,450
G: \CDBG \LMAREAS w 4275 -00 REVISED.doc
F: Legal \Req \L -M Areas
CITY OF ALAMEDA
CITIZEN PARTICIPATION PLAN
The 1995 Final Rule for the Consolidated Submission for Community Planning and Development Programs
(Program), e.g. Community Development Block Grant (CDBG), Section 108 Guaranteed Loan and HOME
funding, requires participants to have a Citizen Participation Plan which:
• provides for and encourages citizen participation, particularly by persons of low- and moderate - income and in
low- and moderate - income neighborhoods;
• provides citizens with reasonable and timely access to local meetings, information and records related to the
City's proposed use of Program funds;
• provides for technical assistance in developing proposals for funding;
• provides for convenient and accessible public hearings to obtain citizen views and questions regarding needs,
proposed activities and Program performance;
• provides for timely written answers to written complaints and grievances; and
• identifies how the needs of non - English speaking residents will be met in the case of public hearings where a
significant number of non - English speaking residents can be reasonably expected to participate.
The following text describes actions to be taken by the Development Services Department (DSD) to ensure that
the above requirements are met.
PARTICIPATION OF LOW- AND MODERATE - INCOME PERSONS AND RESIDENTS OF LOW -
AND MODERATE -INCOME NEIGHBORHOODS
Who Are Low- and Moderate- Income Residents? Where Are Low- and Moderate - Income Neighborhoods?
To be eligible for Program assistance, a family must have an income at or below 80% of adjusted median income
(AMI). Annually, HUD publishes income data' for Program eligibility, also known as Section 8 Low/Moderate
Income limits, by family size. (Updated income limits can always be found on the City's housing website at
www.alamedahousing.com.) Attachment A to this Plan is a map which shows neighborhoods where at least 48.4%
of the households qualify as Low- to Moderate - income based upon the 2000 census data. Persons whose incomes
are at or below 80% AMI, and /or who live in assisted housing and /or a low- and moderate- income neighborhood
are particularly encouraged to become familiar with the purpose and activities of the Program.
How Can Low- and Moderate - Income Residents Participate in the Program?
Low- and moderate - income residents may participate in the Program by talking or writing directly to the City
Council and /or DSD about housing and community development needs; making proposals for the use of Program
funds to benefit low- and moderate - income residents and /or neighborhoods; and talking or writing directly to the
City Council and /or DSD regarding the proposed use of Program funds, performance and results. Low- and
moderate- income residents also may participate as beneficiaries of the program services offered by DSD or by
DSD - funded community -based organizations. Contact information for City Council members and DSD staff is
listed in Attachment B and also may be obtained by visiting the City's website at www.ci.alameda.ca.us.
I Family Size 1 2 3 4 5 6 7 8
Low Income (80% of Median) 46,350 53,000 59,600 66,250 71,550 76,850 82,150 87,450
Effective 2/11/05 Based on median income for the Oakland PMSA of $82,200.
Citizen Participation Plan
Page 1
REASONABLE AND TIMELY ACCESS TO PROGRAM INFORMATION
How Can Low- and Moderate - Income Residents Learn About the Program?
The DSD is responsible for providing information about CDBG and Section 108 programs. Requests for specific
information regarding the activities, regulation and /or administration of the CDBG and Section 108 programs
should be directed to DSD staff, who may be contacted in person or by phone Monday - Friday, 8:30 a.m. to 5:00
p.m. The DSD is located at City Hall West, 950 West Mall Square, 2 "d Floor; 510- 749 -5800 (Voice), 510 -749-
5808 (Fax) and 510 -522 -7538 (TDD); e -mail: dsd @ci.alameda.ca.us.
Alameda County Housing and Community Development (ACHCD) is the lead agency for the consortium of
public agencies which administers HOME funds throughout Alameda County, including within the City of
Alameda. Information regarding HOME - funded activities in Alameda is available at the DSD office as noted
above. For more information regarding the HOME Consortium's Citizen Participation Plan, including public
hearings and opportunities to comment on the proposed use of HOME funds, contact ACHCD at 670 -5404
(Voice), 265 -0263 (TDD).
Citizens are encouraged to review and print available program documents, including Request for Proposals and
proposed and adopted Program Plans and Performance Reports, on the City's website at www.ci.alameda.ca.us.
They are also available at the DSD office during regular business hours. Citizens may request and receive copies
of routine public documents related to the Program from the DSD at nominal cost, as set forth in the City's
"Standardized Photocopy Fees," included as Attachment B to this Plan; however, the DSD encourages citizens
with large requests to call at least 1 business day in advance.
DSD periodically makes information available to citizens through the publication of notices in a local paper of
general circulation. The City Council selects either the Alameda Journal or the Alameda Times -Star as the
newspaper to publish its notices. Currently, official public notices appear as legal notices in the Alameda Journal.
Copies of public notices also are posted or available at the Main, West End and Bay Farm Island branches of the
Alameda Free Library, and on the City's main website www.ci.alameda.ca.us.
DSD also announces information during the City Council meetings so that citizens have access to this information.
In addition, public notices, meeting transcriptions and documents can be provided on audiotape with 5- business
days' notice.
When Is Published Information Regarding CDBG and Section 108 Activities Made Available?
The following publication schedule generally applies:
Fall/Winter September- January:
• Notice of Program Funding Availability;
• Invitation of Public Comments Regarding Housing and Community Development Needs;
• Announcement of Public Hearing on Housing and Community Development Needs, Program Performance,
and if appropriate, Proposed Program Funding (30 -day comment period);
• Request for Proposals (RFP) for CDBG Projects (May be annually or every other year).
Winter /Spring February - March:
• Invitation of Public Comments regarding, and Announcement of Public Hearing on, Proposed Consolidated
Plan and /or Annual Action Plan for use of Program Funds (30 -day comment period)
Citizen Participation Plan
Page 2
Summer/Fall August- September:
• Notice of Program Performance Report Availability (15 -day comment period)
DSD from time to time becomes aware of additional funds available for allocation. DSD may recommend funding
of projects proposed by City staff or others already on file with the DSD. Publication of these and other proposed
actions not listed above will be noticed in accordance with the following:
• Notices of public hearings are published at least thirty (30) days in advance of the meeting at which the
hearing will take place.
• Invitations for public comments and /or submission of other written materials are published at least fifteen (15)
days in advance of the submission deadline.
Section 108 activities are not funded as routinely or frequently as CDBG activities. When proposed, a notice of the
proposed Section 108 activity and invitation for public comment will be published (30 -day comment period).
Regulations require an amendment to the Consolidated Plan, Annual Action Plan and/or Section 108 application,
when the City decides not to carry out an activity, decides to add a new activity, or substantially changes the
purpose, scope, location or beneficiaries of an activity. "Substantial change" in an activity includes:
• a variation of $10,000 or more than 25% of the funded amount (whichever is greater);
• a 50% or greater variation in the quantifiable objectives of the activity (such as number of persons served,
units of service, linear feet of concrete, etc.);
• a change in the goal(s) of the activity (such as job creation, acquisition of a facility, provision of child care);
• the location of the activity is moved to a different census tract, except when the new location is within 4
blocks of the previous site; and /or
• a change in the type of people to be served by the activity (such as homeowners, elderly or disabled persons,
etc.). -
DSD publishes notices announcing proposed amendments to the Consolidated Plan, Annual Action Plan and /or
Section 108 application. Citizens' comments (30 -day comment period) regarding these amendments are considered
by the City Council during deliberations on the proposed amendments.
The Alameda City Council meets on the 1st and 3rd Tuesday of each month beginning at 7:30 p.m. Public
hearings and other DSD- related items to be considered by the City Council are identified in the meeting agenda,
which is available from the City Clerk's office (City Hall, 2263 Santa Clara Avenue, Room 380) on Thursdays
preceding the City Council meeting. An agenda is posted on the bulletin board outside of City Hall and on the
bulletin board at the meeting site and can be accessed on the City's website: www.ci.alameda.ca.us. The City
Council meets in at the Council Chamber, City Hall, Third Floor. The City Hall is on a major bus line and has
public bicycle, automobile and disabled parking immediately adjacent to the building.
TECHNICAL ASSISTANCE TO LOW- AND MODERATE- INCOME GROUPS
What Assistance is Available to Help Groups Develop Proposals for Funding?
The DSD's Request for Proposals (RFP) provides detailed information regarding Program rules and eligibility and
includes instructions for completing the proposal form. DSD formally requests program proposals through a
published notice, which includes the schedule for submission and possible funding. Proposals are accepted,
evaluated, and may be recommended to the City Council for partial or full funding per the published schedule.
RFP's are released annually or every other year depending on funding needs.
During this process, groups desiring information and guidance regarding the development of a specific project
proposal should attend the pre - proposal conference at the beginning of the RFP period and may reserve up to 30
minutes of staff time; additional time may be allocated upon request and at the discretion of Department staff.
Upon request, DSD will also accept and review Program proposals at other times of the year and will for provide
guidance as to the eligibility and appropriateness of the proposed projects. Such proposals may, at DSD's
Citizen Participation Plan
Page 3
discretion, be recommended for funding through amendments to the Consolidated Plan, Annual Action Plan
and /or Section 108 application, subject to citizen comment and City Council adoption.
It should be understood that the proposer is responsible for both the content and preparation of the proposal, and
that the staff makes no commitments regarding the feasibility and /or fundability of a specific project.
CITIZEN'S VIEWS AND QUESTIONS REGARDING THE PROGRAMS
How Can Citizens Comment on Housing and Community Development Issues?
Citizens may comment on housing and community development issues at public hearings before the City Council,
as described above. The City Council will consider oral and written citizen comments on all aspects of the
Program prior to Council actions. A summary of such comments will be attached to the related Program
documents as adopted by the City Council. Citizens may comment on non - agenda housing and community
development items during the Oral Communications portion of City Council meetings, generally held the first and
third Tuesdays of the month. Records of oral and written comments are retained by the City for a minimum of five
(5) years. In addition, citizens may comment orally or in writing directly to the DSD at the address above.
Generally speaking, no record of oral comments made directly to the Department is retained by the Department;
therefore, if a citizen desires his or her comments to become a matter of permanent record, comments should be
made in writing.
TIMELY WRITTEN ANSWERS TO WRITTEN COMPLAINTS AND GRIEVANCES
How Are Complaints and Grievances Regarding the Program Handled?
DSD provides written response to written complaints and grievances from citizens, within 15 business days where
practicable. However, citizens having complaints regarding a specific DSD- funded agency or organization are
encouraged to direct their complaints to the Board of Directors of that agency and to send a copy of the complaint
to DSD. DSD program staff will review subgrantees' responsiveness to such complaints as part of its regular
monitoring process and respond if and as appropriate.
NON - DISCRIMINATION POLICY
The City of Alameda encourages minorities, women, and people with disabilities to participate in the planning and
implementation of, and to seek CDBG funding from the City's Development Services Department. It is the City's
policy that all aspects of the City's Community Development Block Grant program shall be conducted without
regard to gender, marital status, disability, race, political affiliation, religious creed, color, national origin, sexual
orientation, or age. Requests for reasonable accommodations should be made in advance to the City of Alameda.
Hearing impaired TDD (510) 521 -7538.
PROVISIONS FOR NON - ENGLISH SPEAKING RESIDENTS
How Can Non - English Speaking Residents Participate in Public Hearings?
The City of Alameda has a network of employees speaking some 45 languages who can act as interpreters for
residents seeking information regarding programs. DSD is also working to translate some program information
into Mandarin, Cantonese, Farsi, Vietnamese and Tagalog. If notified at least 5 business days in advance that a
significant number of non - English speaking residents wish to participate in a public hearing, the DSD will arrange
to have an interpreter present. Please contact DSD at 749 -5800 (Voice), 522 -7538 (TDD) or e -mail
(dsd @ ci. alameda.ca.us)
PROVISIONS FOR PERSONS WITH DISABILITIES
If notified at least 2 business days in advance that person(s) with disabilities will need assistance to participate in a
public hearing concerning DSD- funded programs, the DSD will arrange to have an interpreter, reader, or aide
available as needed. Accessible seating for persons with disabilities (including those using wheelchairs) is
Citizen Participation Plan
Page 4
available. Minutes of the meeting are available in enlarged print. Audiotapes of the meeting are available upon
request. Please contact DSD at 749 -5800 (Voice), 522 -7538 (TDD) or e -mail (dsd @ci.alameda.ca.us) at least 5
business days before the meeting to request any other reasonable accommodations that may be necessary.
Attachments:
A) City of Alameda by Census Tract (2000 Census)
B) Administrative Instruction No. 8
G: CDB G \ConsPlan \3`d5 Year \CPMP \Ci tizenParti cipationPl an.doc
Citizen Participation Plan
Page 5
City of Alameda • California
January 4, 2006
To: Mayor and Members of the City Council
From: Robert Bonta, President
Social Service Human Relations Board
Subject: Social Service Human Relations Board Recommendations Regarding Housing and
Community Development Needs
The Social Service Human Relations Board advises the City Council regarding social service and
human relations needs in Alameda. In 1997, the Council asked the SSHRB to participate in the
Community Development Block Grant (CDBG) process by reviewing and commenting on the public
service needs and funding recommendations. This letter represents our input for the annual needs
process, culminating in the Needs Hearing at the January 17, 2006 City Council meeting.
At our December 8, 2005 Special Meetings, we received input from three service providers
(Attachment A) and reviewed the comments we provided to you in 2003, 2004 and 2005. We also
heard a staff presentation on the preliminary results of our recent needs survey. As in years past, we
are impressed with the breadth of needs that are addressed with the City's Community Development
Block Grant funds, but we noted with dismay that available funds are never sufficient to address all
the needs of lower- income residents of our city. Our concerns are even stronger than in years past
due to the fundraising challenges experienced by many local non - profits in the face of Hurricane
Katrina and other world crises.
Although we have not completed our analysis we have already learned some useful information
from our recent needs survey. For example, low- income residents frequently cited the need for more
living wage jobs, explaining that they cannot afford the basic items of daily living: food, rent, utilities
and health care. Some suffer from stress, anxiety and depression while others go untreated for
physical ailments, and, in spite of extensive outreach, some residents are either unaware of existing
resources or unable to fully utilize them due to transportation and scheduling limitations. As
previously noted, these are some preliminary findings. We look forward to completing our analysis
and discussing our assessment with you at a joint session in 2006.
We compared the Focus Areas of the past two funding cycles with the comments we received this
year and concluded that certain areas have become even more critical in light of the changes
Alameda residents are experiencing. Emphasis should be placed on:
• Strengthening Alameda's safety net for families and individuals who are in crisis or
vulnerable, through programs such as needed food, shelter, health care and personal safety
services;
• Empowering Alamedans to achieve economic and social self- sufficiency and stability
through education, job training, employment and employment support services such as
Dedicated to Excellence, Committed to Service
Development Services Department
950 West Mall Square, Second Floor
Alameda, California 94501 -7552
510.749.5800 • Fax 510.749.5808 • TDD 510.522.7538
email dsd @ci.alameda.ca.us • www.ci.alameda.ca.us
CJ Printed on Recycled Paper
Mayor and Members of the City Council January 4, 2006
Page 2
transportation and childcare;
• Improving access to affordable housing in Alameda through programs such as fair
housing, homeless prevention and short-term rental and utilities assistance; and
• Making sure that people with disabilities, seniors, single parents and culturally and
linguistically isolated populations have awareness of and access to services - through
increased outreach and publicity.
The SSHRB recommends no particular order of priority or percentage allocation of CDBG public
service funds among these focus areas. Rather, we hope that the funding allocations will reflect
a commitment to:
• Empowering families and individuals with tools for self- sufficiency and success.
+ Maintaining Alameda's diversity; and
• Supporting families and individuals who are vulnerable or in crisis.
We look forward to reviewing staff's public service funding recommendations when they are
published later this year.
Sincerely,
Z-9-nt
Robert Bonta, President
Social Service Human Relations Board
RB:cb:sb
Attachment
cc: Social Service Human Relations Board
Development Services Director
Dedicated to Excellence, Committed to Service
G: \SSHRB \CDBGRECS \NEEDS06.DOC
F:32.1(c), F: \SSHRB \Council Relations 2006
CPMP Version 1.3
. Grantee:1
Housing Needs Table Only complete blue sections. Do NOT type in sections other than blue. I Households 4 of
Housing 3-5 Year Quantities Needs - Comprehensive Current Current Priority 1•21 Fund Member rti°nate olds In income
% of Number Year 1 Year 2 Year 3 Year 4* Year 5* Cumulative „_ _ Need? IQ Source F.I.L_
lead- Illy/ AIDS Ethnic Hazard p001etbfb
Housing Affordability Strategy House- of House- .,,,, ,,,,,. o Need?
(CHAS) Data Housing Problems holds holds rmuntimiriunne - t9 HSRLD HSHLD Housing
N0RegR,p.F.,Fio0silokos„,L,-,..,..;,.,,,..,;,.,L„:„...,:,,....„,, 109% 70 - :::-:::::::::::':] .::;:l.:::::::::l: :i:.:-.i:::',l.:.:::: .:::•:••::. • :..':•::1•'::•:::: l.;::. •:•:::: :: ;:•::• :::: •:••••:::::::::•::::••::1 :::::::'-::::-.l:::: ::::::::::::::::!:::::: :::::::::•:::::.:•:::::.:::::::::::::::::::::::::;4::::::::-::::::::::lil::::::. l:l::::.l:l:::l:::::::: il::::::•::::::::::::::::::::::::::.: UMI219: -=,.-114.iialZi ' ‘:•'•.n.:••--;'' AEA ,,z,--,-..:.-
Any housing problems 71.6 50 ::.:z.. :-',.-.s-:,:i an waa way.44 za lum 0 . 0 #### -. i.,1,,, ::•';'..-,ii . 0 i:::::.-:.iii,-:::.1-..,:.::,.:,:.:, i•-.:,:-.:::::::!:::::.::::::::::.::•:::::::::i:-:ii.:!:::::,!:.:::,:
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Cost Burden > 30% 6" MI .,,,I=•.,-b ;-....•:: •:i,L IM if-K4:1 Z.Z. 0 0 #### :,..ii.,„.r,:,:I ,i•Ii:,::- 2riaal •:::::::::::b:::•:•::-::::.:!:::•:::::::::-..:::::::;:.,..:,.:......:::g•:::::::-::::::::: :,..::::::::,::•::::::.::::.:: ::::•:::::::::::::::::::::::::::::•:,
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Cost Burden >50% 57.2 40 EMAIMMMINIMMIMPIN 0 0 #### :-....,., --.Li51. iff2::-=-.::;:::::::::::;:;':;F::q::!:::-:::.::.:.:::.:1:..::::....:-.:.::,:.:::::::::::::-...;.:-.•::::;:::::::::::-..:::::.::::::,:.:.::.::::::,:::::::::::::::::.:
E., N110.0.0:....„py.„Hog$,ppLoC..;,k.,.:.;;.„;„,,,,,,,,;::,;,,:;,::,-,:,,:,, 100%1MILIZ::.:::::...:-.;::-,:::-„,E,:-:.!: L::-.,:::.:.:::.:.::..:,...-.:,:;.:......H!.. ..:i ..i.:: .,.,.,:.......: .,,,.....:_. ,:,!:,..:.:..:: :..:.:.::E.:. ,.!:.:::.....-. -.......-...--... ...-...--, .....-.:.7.-...T.T., ,:.:,::::-::-.....::-:.:...,.....:„.., rki .___,. .............
With Any Housing Problems 86.51111=;:1 ::::';';'..a Es Wae' ga a ggt4ii k.,Aig I 5 0 0% Eiii,-:..,•:•i:', ti...;-,.., .P1;:iilkjal
0= C st Burden > 30°/0 80.9111M.,,1:,_.:...-i,!:, :',1'1::::;1_: ..... .: -,.i',-...t. 0 0 #### ,E.,„..,:i.-.:4„-i L.;,:;....„--,:-.,1-1',4z1.-1----.:E:H.,:::::::::..i:•.H::i;]::::::..:.:::..:.:r:::.:...,...::,:::::::;:.:.:...i,;-:-.::::.:.,:,::...-r::::::E.::::
a) (n Cost Burden >50% 67'6. Si .- '-..l'-'.} .:•::':::: I=IL -W1 MI PM ',..V.::: 0 0 # # # # -=:_1.-.J.,1'..:-: 1 ,:.-',-;', 4i.'l:-..V7:5-1-4 "1:::::::.:.:1;::••:::.: :...-:•••:::!.:::..:::::...::.;. ::::.•:C:::::::g:::"..::: i':•:::::::::.:::::::.....l.::•:':J:::::::::::::;:::;ll:::l:1
E,7 N,00..oel:4,.q..:1100sEFtblip,s7:::,;-.T„_,...„..-...„,::::::z7, 100% 211 ::-:::::::5::::-....,: .•::....0•.:::::: ::::.•ll l:..::: :.i.:::::.:.....; ..:.:.:..:;:.:.•.:is •::.....:::. i:....: ...:.: i .::::..::,.::: i:!....:..:..:.... ,.::!.:...;i:.! ..:;•••••••••:•• ,:•:,-,•:•:•:•:,--•:,•:•:•—•. . ••••••••••••• .• -.•., .-..,.............................,2.„•.•.•,:.•...•.......... i:.....:::::........ kk:,,,_2i., ..„......:.:„....:...:. ,..........„:::::::,..,.:.,.......,..:....
E IT, With Any Housing Problems 88'2 111.11 ..•••2::Lf.: .-..l-,-...-,.:,l MM kr,::14., ,-t er'''n .,!.', M , 0 0 ### # Zai..
Cost Burden > 30°/0 74A ling .•-.1-= ;i.--,.. M M MI M. 0 0 #### ',4:.:.,-;;.--; ;.:.:.-,-;:,.:-, I'L=.;',.--'21•:::::::::::!:::::i:;:::::::-::::•::: Ei':::.:.:::::.:el.:::: .:::::..:::!:.$13.•:::::':-.1:::::::::::::iigg:::::::.::114:::::::::::::;::::::::::::::::
Cost Burden >50% 56.4 inimg ,
,,...L, ...,:. .m. m m ,,,..,..-sl., :5,,1,1-4 . M. ,W1 M, 0 0 ## # ;,1:,_:::c. •-1:::',-::: ;;;-!=i-iit..C'-'74 ::::.:::Ki:::::::::.::::::::::.::::i:.:::::::;'::::::::::::::::::-.g:.1,:]:i::Y:::::::::;1.::::H115:::::::::;.:-N:Eig-;
cc:b 0 NigteEFt,,,OFilp050-tot,..ps„....,;_ . , .......,. - : - 100%Elitai::g..i5i.:::: '..-:',-,::::;:g, ;.:.,:-..:,-....-.: ::::;;::.:]...6-:-.-::-:i..::.-..:::.::::::::::.:....] ....- ;:....::.:::::::::....-;.;:.::.. -::::::...::i :.-::::,:i!..-::::,-.::,:.,::::::-.. :::::::.....,::-::-.i:::.::-.::::-::::-..--:::::-.::::-::::.:---::.:-:::::. :::.-],.:.:.:Ei..i ::::.::•:::::-.:•:::::::,:r:. ,i:::':::.::-::::-:?- :-:::::-::::-.:;:.:.:-. '--P-='_-.1. ::-.::::-:::::::::::::::::::.:::,:::::::::::::::::::::::
II = With Any Housing Problems 831 11111 ..,.;; 1-,i;. -2',: .ZL,I api.1, „,:i.,, 0 0 ####
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-.5 Cost Burden > 30%
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E .,-- Cost Burden >50% 731.1111:2,:.1--:;.. ,,.-,,, MA WiMINRAROM WPM RN 0 0 ####
8 ntuKagR,O.F..1-.10MSE,HOLDS,..._,.„,...,„.,;:,,,..„.;„...,,„:„..,, 100% 321 ::%:::::lig:::-..: •,:..i:•:::-:!::::.i 'i:....l:l-ll::::::: ::::!l:r..:1. J -,....;: :i::':!:.. .c::.:.::::..... ;....;:.:::::..,...ii.:., ..::::.:..:!:;:::.,::;::::. ..:....:,:::....:::m ..i::..,.i::i.::....:......:.:::..:::::,..,.;:..g.i....,...:::,:s.,......:....:::.........m..ri............:::m ...:.,..:.:.:..:::....:..............ii ::::::,....::...::::::: ..::.. .:,.,..:...:: .:......::::.... :::.:::: i:::::....:.,....:„.:.......„::.::::„.„..::.-,
With Any Housing Problems 60.1 19 • .';',•:.,..ji', ;,,-.L.:,'„ II 5•4f;l4, li:'-al if... ',,'F; I 0 0 #### ::::,;:,,,,--.: :,;,:.,,;-:.,..,3.. ,11:4--:;=,-,7-?,'•:-I :i.:.::;...,::::.:::•.:::::)- ii,...:::i:::•:::•:::::.: .: :::::::::::,::,...:?::::::::::::::-::::::::::i::::::.:.:::::.•::.:::::.:.:.::;:%.::
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0-0 'a C s t Burden > 30To 60.1 19 • ,,.,..,..':: -,:,...„.',.., :J2,.,., ,i.,:::,.;;;.a .,;.,,:-..41-.; 44,,, ;:.,:igi:,..:, 0 0 #### ii:::::::
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-5 Cost Burden >50% • 38.9 12- ...L,.,‘,:,. L..,.. i:::-L,,...c., -,..iz,„-..1. ny...,_:•:._ ,:-..,11,.. •_‘i•:-„i 0 0 #### i
(55) yi NV0 ........ H01403P.l..P.S,,,.,,,,,,,,„_,,;,„,:,,„ ., -, 100% Millri;:...:;:::::....::: .:M:.:::-..,:.3 ::::::::.:;!:...:.::: .:..-:.:-....:1,,.,.:,,..:.::.;..--,i :;:.,...,:....: ii;..i.H;:... :......!::..:,..:::::,,,..:,...., .....:..::::::,.. :::: -....---- „ ................... ......... .. ............. .. 111.9 ..... ,......::::::::..... : .,..,...:...,....:.......:.,
With Any Housing Problems 8°-9 Milli -.=,2,,..: ,::-.-,,:gml am :,,,g1 rat Bs oz, ami 0 0 #### ,,,,....,,,, ,,,,, ,,..„,„„,,„„;,....:,::::„.,:::::::::::„;::::„.:,:::,:,,l...,:...„„::.,::.„„:::;,;:,.:,:::„.„.„,.....„.„..„:„,,,..„:„.„,:::.:,,,„
. -=, Cost Burden > 30% 78.7 MI6 ,•,,, ',.....:, t•,;:M . :'-.--:la ';,',;••7;1:: 11.14M1 EN 0 0 #### ,-4,..;.=.:, ,;:•;;:L.,:r-,,. ,;-.L.,:•114,:,-;.; iii::::iii.ii:-.:ii:::.:•:.: i:ii....i.:::::-.n•-•.::. : is •-.::-..:::::•.::::-..i...i.i..-.:.iiiii•:.ii.::::-....:.:::•:•..ii..i:;:.:::•••••.:.•::i•-..-:,.::::::::.i.i..
Cost Burden >50% 68.5.11= •,.....„; l:::Li' EN ..-...:::-,..:..5r. pm m, gol pm :75..,-,, MI • 0 0 #### .ai,..-'..:::•,-:-. i:„.,:_.:::,:;: 3.5,..ri,s--F.,:a.' ::::::::::::::::.:::?..-•.:. r•:::F.:-,::::..::,::•:•:. ,:::::::::::::::.....::.!:::::::.....: ,....:.::•:j:::::::•.:c.....-: .::::-,:::::.::::.-::;::::::::::::::::.::-.-,.
AIil NU..1113.gg:or, H0uw-.10,1.25„...;„,.,,,,,,:,„,,,:,.,„.;;_ 190%11.11;mr..::::t..m .,..ii,..:-..ii!:...:.:.:: ,.....r..,..-.,,.:::i ....1.....:::i... .,r.....:.......: ,...:....:. ::......:.......: ..,:;:::...:1:,:.:::.,,: ::::.:::;--..-- -.... ..-...- ------.....-- .7.-.........-, -..:—....:-....,,,,,:.,..., „:„:„.:.-:............„:„..,... ..:... rii.:::.....„.„.:...:......:,:,::::::„...:::.........:,,:::
With Any Housing Problems 100 ' I ..:,:..--,-,...:, I '''''''':77 ,, 0 0 #### .'i;:--::-.1_,-,I i';=.1.:1; :-.22-1..1 i.-A:-:;::::::...ii...• :::Ii.:iii-l'q: . "-•::::::::iii?:::-::::.:::::-.-ii:'-iiii.ii:':•::-;::: i.,:ir.!iii:iii:,..i:i•li:i!:.•:,..!
o. C st Burden > 30% 81.8 : ::..: :::;,..,-„; .1.:;tra :::...gg ,T'..-.-; ;;,.., 0 o #### .4•,,,,,;,,,;., L...,,;-.;. i:-.1:3:,...,-,,...i:
Cost Burden >50°/0
TrNult2.0....,QF iTi.opspLos_...„....,. .„... ,. . „.....,..,,..:, , ..,. 100% '..::::.:'.,::::,..,:::::.g.:::::::.:.,..-.:::::::-:•:::-:,::::•::::;2,-:::,...-.0:::-:::,:::',:.:i::::::-:.:::-:-:::.::,::..-:::::::::::::::::-: :::::::.,::-:.:: ::::-.:,:: ::::..:...,:.::::?L.::: LE4-.:-.:=..i7,
n With Any Housing Problems 81.1 19 . .i..._ :,J.,.,.”„ .i..,:;:.4; .:;Q ;;'..-i'i,..Z, :ig'I': 21,i-. -ii:ca :,1.1... ::',Z:-.;E:,',. 0 0 #### .::.r.-;,:a :,,,,_1, ::;;:lEaL
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Grantee:
Housin • Needs Table Only complete blue sections. Do NOT type in sections other than blue. -_ Households # of
3 -5 Year Quantities with a Disabled Dlsor000 Househ r. al Low
Housing Needs - Comprehensive Current Current prlorit Fund Member rtlonate olds In Income
of Number Year 1 Year 2 Year 3 Year 4* Year 5* Cumulative Need? Source Racial lead- 'v AID-
Housing Affordability Strategy House- of House o m Ethnic
flflflflflflflflflflflfl ° o % # Hazard po. ulatlon
(CHAS) Data Housing Problems holds holds Need?
HSHLD HSHLD Housing
NUMBER OF HOUSEHOLDS „ 100%
100 °(0
With Any Housing Problems 776 ®r Mil 1E1E1 0 0 # # ## 0
Cost Burden > 30% 776111111 0 0 ## ##
Cost Burden >50% 35.1 /IR_IIM 111111111 0 0 # # ##
NUMBER OF HOUSEHOLDS . 100%1111111112: : v...
With Any Housing Problems 80 8°81MEZ ® ® 0 0% ORE ME C,H o
Cost Burden > 30% 751P 0 0 ## ##
a, Cost Burden >50% 27.2 ROM RR Ell 0 0 # # ##
NUMBER OF HOUSEHOLDS 100 %111.1115 '
Y
With Any Housing Problems 75.7 ® z-. BNB ® 0 0/ H;o ENO
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Ln Cost Burden > 30% 80.1 131 Mill MEIN MI ME IM ' a' -! M; EN 0 0 # # ## MIE Mil .,
I Cost Burden >50% 8.3� 0 0 # # ## - y « .
• NUMBER OF. HOUSEHOLDS 100% Y
With Any Housing Problems 896 MIIIIIIIIIIMI MI IVE Ell MI ,v.. 1E11E1E11 0 0 # # ##
O Cost Burden > 30% 85 M1S. 0 0 # # ## NEM Mal _ _
nCost Burden >50% 38.3 0 0 # # ##
0) NUMBER OF HOUSEHOLDS 100% Y
E With Any Housing Problems 38.4 2211E NE M ill MI IN Mil IM BE 01111110 0 0% 01111111 C
OU Cost Burden > 30% 38.4 221® INIIINE NM IfffA MN ICBM Pil Eli 0 0 # # # #
C Cost Burden >50% 2° 21MMININNIIIIMIPMNINBEMPININ 0 0 # # ##
~ NUMBER OF HOUSEHOLDS 100%
O With Any Housing Problems 81.8 211® 0 0 # # ##
-C Cost Burden > 30% 78.7 20 111111111IIII IllIl MI IIM NAN Iffil IN111111 0 0 # # ##
in al Cost Burden >50% 62.4 161 IN MINIM MIN POI IIIII ....—=_, , s„ , WEI 0 0 # # ## MIN NMI ._
O O - NUMBER OF HOUSEHOLDS 100% :.::...
Y
I With Any Housing Problems 84 4 11111•111111111111511111111111NEM MI SRI ME Mil 0 0 # # ##
Cost Burden > 30% 67.8 61 ®® El On Ell NEI EVII lin NM NINI 0 0 # # # # •
Cost Burden >50% 63.3 ® u . INIINIE MINI 0 0 # # ## 11111111111111 :. .
NUMBER OF HOUSEHOLDS 100% _- . .
y .;: : ......... ............ ®...
With Any Housing Problems "1111M211111111111111111111111111111111111111101111111 a 0 # # ##
Cost Burden > 30% 82sMil®® ®® ® 0 0 # ### ®® •
Cost Burden >50% 62.2 io'llIllIllIlIlNINIIIIIIIIIIIIIIIIIIIIIINNIIII 0 0 # # ## 1111111111111 .
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Housing Needs Table Only complete blue sections. Do NOT type In sections other than blue. 1 Households # of
with a Disabled Disor000 Househ
3 -5 Year Quantities Plan rtionate Totai tow
iousinq Needs - Comprehensive Current Current Priority Fund Member olds In Income
Wo of Number Year 1 Year 2 Year 3 _ Year 4* Year 5* cumulative _ t0— source Racial lead- Hiv! nl °5
Housing Affordability Strategy Need.
House- of House- 6 — m — 1, / #SHED Ethnic
d? Hazard Population
(CHAS) Data Housing Problems holds holds - _ B- " HSHLD H Housing
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100% 41 : 10Q °/a
NUMBER OFHOUSEHOLbS_,., ,:. ..,,.,..; ... . y =
—'' With Any Housing Problems
1 Cost Burden > 30%
w
Cost Burden >50%
v NUMBER OF, HOUSEHOLDS _._. , ,,,.: ,;, 100% 1,02 `- ? {:
a With Any Housing Problems 58.7 599 19 , 1 _ 20 0 0% H, y,„,,,,_ C H O --I. :
= Cost Burden > 30% 36.6 373 , , , ,,._ 0 0 # # ##
L- Cost Burden >50% 1.4 14 _..,._y _ _ - y __ 0 0 # # ## _.,- ,
E v NUMBER OF HOUSEHOLDS , :::, 100% 18:
° With Any Housing Problems 77.1 145 10 1 11 0 0 °4, N, Y C H2O
Cost Burden > 30%
3 Cost Burden >50% 5.3 10 ,i __, o 0 # # ## ._ . .
r NUMBER OF HOUSEHOLDS :,._ 100% 1,181
t With Any Housing Problems 528 624 o o # # ##
L Cost Burden > 30% 50.9 601 ., j., 0 0 # # ## ,
Cost Burden >50% 4.5 53
NUMBER.OF HOUSEHOLDS 100% 59 '.> Y •
'- With Any Housing Problems 27.6 165 5 _ 5 10 0 0% H , ,. Y, ;,; a o w Cost Burden > 30 /o .Cost Burden >50% 13.1 78 Y-.,. ,. ,, , _ , ,m i ,__�_ ,. o o # # ## _�..
°w NUMBER OF HOUSEHOLDS 100% 36 A
73.4 267 , . -,, 7 0 0% H.,..... Y,_ C,FI,O.:
Cost Burden > 30% 70.6 3
With Any Housing Problems 4
Y 9 257
>50%
v E Cost Burden >50 /o �
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w NUMBER OF HOUSEHOLDS ;,. 100% 3
With Any Housing Problems 58.8 20 , II s 0 0 # # ## i i i' i
Cost Burden > 30% 47.1 16 « 0 0 # # ## ................r 'r i i 'i
Cost Burden >50%
NUMBER. OF HOUSEHOLDS 100% 20 ......... ........
L ... -. 64.7 132 ....� >: 0 0 # # ##
` With Any Housing Problems = :. „ �., , .,. _., .:
i Cost Burden > 30%
— Cost Burden >50% 0 43.6 89 ;; ;';; 0 0 # # ##
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IHousing Needs Table
I Housing Affordability Strategy
Total Any Housing Problem
Total 215 Renter
ITotal 215 Owner
Total 215
CDBG FY 2006/07
(Draft) Action Plan Summary
The activities below are funded specifically with FY 2006/07 Entitlement and Program Income and reallocated
funds from previous years. Program delivery costs support continuing projects that are funded with current and
prior year funds. Final funding commitments are subject to satisfactory environmental clearance under 24 CFR Part 58.
Attachment B
Activity & Description
LOCATION/
ELIGIBILITY
OUT-
COMES*
CDBG
FUNDING
Implementing Agency
ACQUISITION
Acquisition Program Delivery:
Estimated cost to deliver $130,000 in previously funded
projects. (Food Bank modular)
$27,043
PUBLIC FACILITIES AND IMPROVEMENTS
Non - Profit /Public Facility Revolving Loan Fund
Community -wide
570.201(c) or
570.202
570.208(a)(2)
03K
1 -2 facilities
$50,000
Financial and technical assistance to non - profit
organizations and public agencies providing CDBG-
eligible activities to acquire, install and/or improve
facilities, including disabled access retrofit.
City Development Services Department
Woodstock Park Phase II Design
351 Cypress St.
570.201(c)
570.208(a)(1)
03F
1 park
$25,000
Additional funding for planning and design of
improvements to neighborhood park.
Public Works and Development Services Department
Public Facilities and Improvements Program Delivery:
Estimated cost to deliver $1,109,087 in funded projects.
$230,715
CLEARANCE
Clearance Activity Program Delivery:
Estimated cost to deliver $245,172 in previously funded
projects. (Blight Busters program)
$51,001
PUBLIC SERVICES
Alameda Continuum of Community Emergency and
451 Stardust
Place
570.201(e)
570.208(a)(2)
03T
1,500
individuals
$66,280
Social Services (A.C.C.E.S.S)
Case management, referrals, and direct services for
individuals and families at risk of homelessness.
Alameda Red Cross
Child Care Vouchers
Community -wide
570.201(e)
570.208(a)(2)
05L
11 children
$26,384
Limited -term vouchers for children of working parents.
BANANAS, Inc.
Mediation Training Program
Community -wide
570.201(e)
570.208(a)(2)
05
30 individuals
$15,000
Mediation Training Certificate program for low income
community members.
East Bay Community Mediation
Family Violence Prevention Services
Community -wide
570.201(e)
570.208(a)(2)
05G
125
individuals
$14,876
Enhanced prevention and information, referrals, legal
counseling for victims of family violence.
Family Violence Law Center
* Projected annual outcomes also reflect prior years' CDBG funding for some activities.
Activity & Description
LOCATION/
ELIGIBILITY
OUT-
COMES*
CDBG
FUNDING
Implementing Agency
Alameda Food Bank
1900 Thau Way
& 650 W. Ranger
570.201(e)
570.208(a)(2)
05
4,000
individuals
$20,346
Staffing and operating costs to support emergency food
programs.
Alameda Food Bank
Four Brid . es
1912 Central
Ave.
570.201(e)
570.208(a)(2)
05B
60 individuals
$26,079
Support group for mentally and emotionally disabled
adults.
Bay Area Community Services
Housing Counseling
Community -wide
570.201(e)
570.208(a)(2)
05K
425
individuals
$15,251
Tenant /Landlord counseling, mediation, information and
referral.
Sentinel Fair Housing
Midway Shelter
Confidential
location
570.201(e)
570.208(a)(2)
03T
200
individuals
$42,984
Service- enriched, 24 -hour emergency homeless shelter for
women and children.
Building Futures with Women and Children
West Alameda Teen Club
401 Pacific Ave.
Third & Brush
570.201(e)
570.208(a)(2)
05D
150 -200
youth
$21,969
Youth recreation and leadership development.
Alameda Boys & Girls Club
Public Service Program Delivery:
Partial cost to deliver $249,169 in funded programs.
$15,000
SPECIAL ECONOMIC DEVELOPMENT
Economic Development Initiative
Community -wide
570.203
570.208(a)(4)
570.208(b)
1 -3 businesses
$100,000
Develop Economic Development Program to provide
CDBG - eligible assistance to commercial property owners
and businesses for the purpose of creating or retaining jobs
and/or eliminating blight.
City Development Services Department
REHABILITATION
Housing Rehabilitation
Community -wide
570.202
570.208(a)(3)
14A
5 -10 units
$217,500
Financial and technical assistance for rehabilitation of
owner- occupied units.
City Development Services Department
Substantial Rehabilitation
Community -wide
570.202
570.208(a)(3)
14A
2 -4 units
$209,168
Financial and technical assistance to restore and/or create
affordable rental units in existing vacant or underutilized
structures.
City Development Services Department
Residential Predevelopment
Community -wide
570.202
570.208(a)(3)
14A
2 units
$15,000
Financial and technical assistance to determine feasibility
and cost associated with improving a property under the
Substantial Rehabilitation program.
City Development Services Department
Rehabilitation Program Delivery:
Estimated cost to deliver $949,316 in funded projects
$249,350
* Projected annual outcomes also reflect prior years' CDBG funding for some activities.
TECHNICAL ASSISTANCE
Non - Profit Technical Assistance Program
Community -wide
570.201(p)
570.208(a)(1)
19C
Non - Profit
Capacity
Building
$60,000
Technical assistance to increase the capacity of non - profit
agencies to carry out eligible neighborhood revitalization
or economic development activities.
Technical Assistance Program Delivery:
Estimated costs to deliver $60,000* in anticipated projects
$12,481
PROGRAM ADMINISTRATION
Fair Housing Services
Community -wide
570.206
21D
24
households,
24 landlords
$15,000
Fair housing education; housing discrimination counseling
and testing.
Sentinel Fair Housing
Homeless Continuum of Care
Community -wide
570.206
21A
Enhanced
Federal /State
homeless
resources
$7,345
Implementation of Homeless Management Information
System and development of funding resources for
Alameda and other County homeless providers.
Alameda County Homeless Continuum of Care Council
General Administration
570.206
21A
$289,077
Unprogrammed Funds for cost overruns
22
$133,126
TOTAL FY 2006 /07 RECOMMENDED CDBG FUNDINGS
$1,955,975
TOTAL ANTICIPATED FUNDING
(from the following sources)
FY 2006/07 Entitlement
FY 2006/07 Projected Program Income
FY 2005/06 Unanticipated Program Income
Reallocated Funds from Prior Years
$1,955,975
$1,367,112
$190,000
$120,681
$278,182
G:\CDBG\CONSPLAN\AnnPlans\2006\DraftPlan\APSummaryPublic.doc
04/04/2006
* Projected annual outcomes also reflect prior years' CDBG funding for some activities.
Projected CDBG 2007/08 Public Service Funding
The City is utilizing a 2 -year funding cycle for public services. Due to the uncertainty regarding allocations,
Council will affirm funding amounts and outcomes as a part of the FY 2007/08 Action Plan, subject to funding
availability and satisfactory FY 2006/07 contract performance.
Activity & Description
LOCATION/
ELIGIBILITY
OUTCOMES
CDBG
FUNDING
Implementing Agency
Alameda Continuum of Community Emergency and Social
451 Stardust Place
570.201(e)
570.208(a)(2)
TBD
TBD
Services (A.C.C.E.S.S)
Case management, referrals, and direct services including
limited -term housing assistance for individuals and families at
risk of homelessness
Alameda Red Cross
Child Care Vouchers
Community -wide
570.201(e)
570.208(a)(2)
TBD
TBD
Limited -term vouchers for children of working parents
BANANAS, Inc.
Family Violence Prevention Services
Community -wide
570.201(e)
570.208(a)(2)
TBD
TBD
Enhanced prevention and information, referrals, legal counseling
for victims of family violence
Family Violence Law Center
Alameda Food Bank
1900 Thau Way &
AP Bldg 92
570.201(e)
570.208(a)(2)
TBD
TBD
Staffing and operating costs to support emergency food program
Alameda Food Bank
Four Bridges
1912 Central Ave.
570.201(e)
570.208(a)(2)
TBD
TBD
Support group for mentally and emotionally disabled adults
Bay Area Community Services
Housing Counseling
Community -wide
570.201(e)
570.208(a)(2)
TBD
TBD
Tenant/Landlord counseling, mediation, information and referral
Sentinel Fair Housing
Midway Shelter
Confidential
location
570.201(e)
570.208(a)(2)
TBD
TBD
Service - enriched, 24 -hour emergency homeless shelter for
women and children
Building Futures with Women and Children
West Alameda Teen Club
401 Pacific Ave.
570.201(e)
570.208(a)(2)
TBD
TBD
Youth recreation and leadership development
Alameda Boys & Girls Club
TOTAL FY 2007/08 CDBG PUBLIC SERVICE FUNDING
TBD
G:\ CDBG \CONSPLAN\AnnPlans\2006\Draft Plan\APSummaryPublic.doc
04/04/2006
Projected annual outcomes also reflect prior years' CDBG funding for some activities.
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Current Goal
Performance
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$325,332 $249,169 TBD
Program Description and Proposed Service Levels
Homelessness Prevention /Self - sufficiency program serving 1500 very low to'
moderate income Alamedans. ACCESS provides utility assistance, short-
term rental assistance, crisis food and food vouchers, transportation
assistance, and misc direct services.
Emergency food program serving up to 4000 Alamedans. Clients currently
have ability to receive food up to 7 times a month, providing 15 - 20 days of
food. Seeking to expand their program hours and eligibility requirements to
make program available to more families in need.
Subsidy and administrative costs for childcare subsidy program providing
$200 /month voucher for a minimum of 11 children from approx. 8 low -
income working parents in Alameda for up to 9 months each. Its goal is to
help families become stable and self - sufficient and to assist them in
transitioning to long term subsidized child care.
1 Program funding for FY 2006 -07 only. Program will recruit 30 low income
Alamedans interested in becoming mediation volunteers. Participants will
receive 60 hours of classroom and field based communication, conflict
resolution and mediation skills training necessary for certification. Once
certified, participants will remain available as community volunteers
providing mediation services to the community.
Emergency hotline, crisis counseling and referrals for 125 victims, legal
assistance and counseling and /or court accompaniment for temporary
restraining orders, kick -out orders, and child sustody /support orders for 30
Alamedans.
Day rehabilitation program serving 60 individuals including 35 Alamedans.
The program focuses on recovery, empowerment, pre - vocational activities,
psycho - education, and socialization. Services include assistance with
symptom mgmt, stress mgmt, with mental /emotional illness, substance
abuse issues, hygiene, personal safety, nutrition, and decision - making.
Information and referral to 425 Alamedans, providing advice to property
owners and tenants regarding their rights and responsibilities in rental
housing. Anticipated outcomes: decreased discrimination in all aspects of
housing, increased awareness /compliance with fair housing laws, and
stability of existing rental housing through knowledge of rights and
responsibilities of owners and tenants.
Provide emergency food and 24 hr shelter for approximately 225 women
and children, offering support services to help women achieve self -
sufficency. 90% of women participating for 30 days or more will exit with
housing, employment or both. 60% will reduce level of crises in one or more
of the following: housing, employment/income, mental health, domestic
violence, substance abuse, or physical health.
Afterschool recreational, educational, and life skill activities for 150 youth
ages 12 to 18. Youth will develop skills and pursue interests in technology,
sports, art, music, audio -video production, careers and college prep. We
expect an improved rate of school attendance, reduced juvenile crime, lower
rate of drop outs and a greater expectacy of employment.
<t
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x
x
x
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x
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x
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Recomm'd
Funds for FY
2007 -08
IRECOMMENDED FOR PUBLIC SERVICE FUNDING
co
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Recomm'd
Funds for FY
2006 -07
$66,280
$20,346
$26,384
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$14,876
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FY 07 -08
Funds
Requested
$70,720
$32,000
$32,210
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$30,000
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$22,085
FY 06 -07
Funds
Requested
$70,720
$28,520
$32,210
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$22,085
FY05 -06
Funding
Received
$64,896
$18,265**
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$25,000
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$14,376
$24,695
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$21,085
I $259,622
Project Name / Organization
Alameda Continuum of
Community, Emergency, & Social
Services (ACCESS) / American
Red Cross - Alameda Service
Center
Alameda Food Bank
Childcare Vouchers / BANANAS
East Bay Community Mediation
Family Violence Prevention
Services / Family Violence Law
Center
Four Bridges Creative Living
Center Program / Bay Area
Community Services
Housing Counseling
(landlord /tenant counseling)
Sentinel Fair Housing
Midway Shelter / Building Futures
with Women and Children
West Alameda Teen Club /
Alameda Boys & Girls Club
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City of Alameda
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Total Public Services Available, FY06 -07: $249,169
Service category)
Technical assistance to increase the capacity of non - profit organizations to
carry out CDBG eligible activities.
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Provide extensive fair housing counseling or investigation of
complaints of discrimination for at least 24 Alameda households.
Provide counseling and training services for landlords regarding
Fair Housing laws.
Continued support of Continuum of Care Council through funding the
Resource Development Team, which raises revenue and other resources to
support ongoing work, such as the Homeless County and Survey.
Supportive services, vocational training and intensive case mgmt through
workshops and computer skills training. 75 homeless men and women will
complete both the resume development and master application workshops,
and 45 will be placed into jobs, and 30 will advance into permanent housing.
Not recommended due to lack of available funds.
x
x
x
x
x
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TBD
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$7,345
RECOMMENDED FOR FUNDING (not in Public
O
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$7,345
609
$12,500
$5,996**
1 $7,345
INon- Profit Technical Assistance
Program
Sentinel Fair Housing
Fair Housing Services
Funded within Admin CAP
Alameda Co. Continuum of Care
for the Homeless Council / Ala
Co. Housing & Community
Development
OR FUNDING
a
z
a
z
a
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Partnering with College of Alameda and Alameda One -Stop CCtr to provide
comprehensive financial literacy curriculum that will allow the students to
earn credit for learning to be financially responsible. CDBG funds would be
used as match funding for the Individual Development Account Program,
$2,000 will be matched with $4,000 from local and federal sources. These
matched funds can go toward education, business, or down payment asst
for the first time homebuyer. Not recommended due to lack of available
funding.
Will identify the need of Alameda Service providers for translation and
interpreting services, recruit volunteer interpreters and identify "fee for
services" interpreters to provide services to 250 individuals. BAIRS will then
provide outreach to Alameda's diverse community and assist them with
access to programs by helping to enroll, recruit for service providers and
train bi- lingual staff. Not recommended for funding due to capacity
concerns, but will evaluate eligibility under the Technical Assistance
program.
Supportive services, vocational training and intensive case mgmt through
workshops and computer skills training. 75 homeless men and women will
complete both the resume development and master application workshops,
and 45 will be placed into jobs, and 30 will advance into permanent housing.
Not recommended due to lack of available funds.
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Alameda Diversity Program /Bay
Area Immigrant and Refugee
Services (BAIRS)
Goodwill Industries for the
Greater East Bay
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G:CDBG /ConsPlan /AnnsPlan /2006 /RFP /Subgrantees /AP 06 Att C
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
To: The Honorable Mayor
and Members of the City Council
From: Robert Bonta
President, Social Service Human Relations Board
Date: April 4, 2006
Re: Recommended FY 2006 -07 CDBG Public Service Allocations
Background
Attachment D
At the City Council's request, the Social Service Human Relations Board (SSHRB) reviews
and comments on the Development Service Department's recommendations for Community
Development Block Grant (CDBG) public services funding. At its January meeting, the
SSHRB considered priority needs for public service funding and recommended certain focus
areas, including strengthening the social service safety net, empowering economic and
social self- sufficiency, improving access to affordable housing, and making sure isolated
populations have awareness of and access to services through increased outreach and
publicity.
Discussion /Analysis
At its March meeting, the SSHRB reviewed staff's published funding recommendations and
basic information about each proposal. The SSHRB also heard public comments from
representatives of three organizations that had submitted proposals. Based on the
presentations and discussion at these meetings, the SSHRB unanimously supports the staff
recommendations.
The programs recommended for funding are established and have good track records. Their
proposals received high scores for experience, capacity, work plan and outcomes. We
believe that the recommendations reflect the focus areas the Board identified. While we wish
more money were available for public services overall, we noted that programs will receive
approximately the same amount of operating funds in 2006 -07 as they did in 2005 -06. Given
the funding constraints, we believe that the recommendations offer a balanced approach to
the needs of the community.
Given the two -year funding cycle and the uncertainty of funding in the second year, we also
concur with the staff recommendation for one -time funding of a new program: East Bay
Community Mediation. We support the goal of expanding volunteer capacity for mediation
services in Alameda and believe that this approach will preclude or mitigate cuts to
established programs, should funding shrink significantly in 2007 -08.
The Honorable Mayor
and Members of the City Council
Recommendation
April 4, 2006
Page 2
The SSHRB unanimously recommends that City Council approve the CDBG public services
funding recommendations as published.
Respectfully submitted,
obert Bonta, President
Social Service Human Relations Board
RB /CB:cb
cc: Social Service Human Relations Board
G; \SSHRB \Council \Recom \Public Services Recs 06
F: \SSHRB \Council Relations 2006
City of Alameda
Memorandum
DATE: April 18, 2006
TO: Honorable Mayor and
Councilmembers
FROM: Debra Kurita
City Manager
RE: Public Hearing to Consider an Amendment to the Master Fee Resolution No.
12191 to Adjust the Appeal Fees to the Planning Board and to the City
Council
BACKGROUND
The Alameda Municipal Code (AMC) includes a mechanism for reviewing decisions
regarding development and land use applications to ensure that they are consistent with
the purpose of the Code, and to provide anyone affected by the decision a forum for its
reconsideration. AMC Section 30 -25, Appeals and Calls for Review, provides that a
decision of the Planning Director or Zoning Administrator may be appealed to the Planning
Board, and decisions of the Planning Board or Historical Advisory Board may be appealed
to the City Council. The appeal process may be initiated by any person who feels the
decision was made in error or by any officer, agency or department of the City affected by
the decision, determination or requirement. In addition to the appeal process, decisions of
the Planning Director or Zoning Administrator may be called for review to the Planning
Board by the Planning Board or by the City Council and decisions of the Planning Board or
the Historical Advisory Board may be called for review by the City Council or a member of
the City Council.
The City of Alameda has endeavored to maintain a fee structure for processing appeals
that is affordable, while discouraging frivolous appeals. A review of the records show that
the appeal fee beginning in fiscal year 1993/1994 was a flat rate of $250, which was
increased annually by the Consumer Price Index (CPI), until the 1997/1998 fiscal year
when this rate was reduced to $100 with an annual CPI step increase. In fiscal year
2002/2003, the cost of time and materials was added to the base fee in order to recover
the full cost of processing the appeal. The time and materials cost was established based
on a blended hourly rate that includes salary, benefits and overhead for the staff working
on the appeal. (See Attachment 1: Time and Material Rate Information). The following
table shows the appeals fees for fiscal years 1993/1994 through 2005/2006.
Re: Public Hearing 5 -B
4 -18 -06
Honorable Mayor and
Councilmembers
HISTORY OF THE CITY OF ALAMEDA APPEALS FEES FOR
FISCAL YEARS 1993/1994 — 2004/2005
YEAR
FEE
BASIS FOR CHANGE
93/94
PB $250 Flat CC $350 Flat
Appeal fee was added by council
during this fiscal year
94/95
PB $252 Flat CC $353 Flat
CPI Increase
95/96
PB $259 Flat CC $362 Flat
CPI Increase
96/97
PB $263 Flat CC $368 Flat
CPI Increase
97/98
PB & CC $100 Flat
Reduced by resolution 12/4/96
98/99
PB & CC $103 Flat
CPI Increase
99/00
PB & CC $107 Flat
CPI Increase
00/01
PB & CC $111 Flat
CPI Increase
01/02
PB & CC $122 Flat
CPI Increase
02/03
PB & CC $125 t & m
CPI Increase
03/04
PB & CC $126 t & m
CPI Increase
04/05
PB & CC $100 + $500
Deposit t & m
Increased by Resolution, 7/20/2004
05/06
PB & CC $100 + $500
Deposit t & m
No increase
DISCUSSION /ANALYSIS
April 18, 2006
Page 2
Recent discussions among the community and the City Council about the cost to Alameda
residents who file an appeal has led to an evaluation of the current fee structure.
A survey of 10 Bay Area cities revealed that appeals fees vary widely from one municipality
to another. For instance, the City of San Jose does not charge a non - applicant for filing an
appeal and instead charges the cost of time and materials for processing the appeal to the
project applicant. This is in sharp contrast to the $303 fee that the City of San Rafael
charges a non - applicant who files an appeal. (See Attachment 2: Comparison of Appeals
Fees in Bay Area Cities).
The approximate average cost of appeals during fiscal years 2004/2005 and 2005/2006
was $1061. A fee based on the rounded 2 -year average would allow the City to recover
most of its cost for service without overburdening the appellant. The addition of a cap on
the appeals fee would ensure that the appellant would be informed of the full cost at the
onset of the process. Several alternative fee structures could achieve this goal.
1. A base rate of $100 plus $100 per hour for time and materials up to a maximum of
$1000 to be paid by any appellant whether applicant or non - applicant.
2. A flat rate of $1000 to be paid by any appellant whether applicant or non - applicant.
3. A flat rate of $100 for non - applicants, with the cost of time and materials paid by the
applicant at a rate of $100 per hour to a maximum of $1000.
Honorable Mayor and
Councilmembers
April 18, 2006
Page 3
ALAMEDA MUNICIPAL CODE /POLICY DOCUMENT REFERENCE
Actions taken on this item would not affect or deviate from any local Codes, Regulations,
and Policies.
BUDGET CONSIDERATIONS/ FISCAL IMPACT
Any change to the existing fee structure may result in more or less revenue from Planning
and Building fees than has been previously projected.
RECOMMENDATION
Amend the Master Fee Schedule by adopting one of the following fee structures for
appeals:
1. A base rate of $100 plus $100 per hour for time and materials up to a maximum of
$1000 to be paid by any appellant whether applicant or non - applicant.
2. A flat rate of $1000 to be paid by any appellant whether applicant or non - applicant.
3. A flat rate of $100 for non - applicants, with the cost of time and materials paid by the
applicant at a rate of $100 per hour to a maximum of $1000.
Respectfully submitted,
Z(ji ■
/
Cathy �/�odbury
Planni • and Buildin Director
ATTACHMENTS:
1. Time and Material Rate Information
2. Comparison of Appeals Fees in Bay Area Cities
G:\ PLANNING\ CC \REPORTS\2006 \04- 18- 06\Appeals fees.doc
Planning & Building Department
Time & Material Rate Information
1. Establishment of $100.00 per hour blended rate:
Prior to 2003, the charge rate was equal to the actual hourly rate, including
salary and overhead, of the individuals who worked on the appeal. The
blended rate was established in 2003 by combining 6 positions in the
Planning Division:
Planner I
Planner II
Planner Ill
Supervising Planner
Development Review Manager
Planning & Building Director
The average of all 6 positions, at the highest step of each position, was
then multiplied by 2.05 (this multiplier is taken from a Public Works nexus
study). This rate was $86.00 for the 2003/2004 Fiscal Year.
The hourly rate was increased to $95.00 for 2004/2005 Fiscal Year to
reflect ACEA salary increases, and approved by Council along with
revisions to all Planning fees and the addition of the Community Planning
Fee.
The hourly rate was raised to $100.00 for 2005/2006 Fiscal Year to be in
line with the Fire Department (Plan Review Only), and Public Works time
and materials fee.
2. Rate for other time & materials charges:
The hourly rate is the same for all planning actions.
3. Authority or approval to establish & implement an hourly rate:
The Master Fee Schedule was established 8/27/1991 by Council
resolution.
The 1994 Master Fee Schedule includes the line "Staff time shall be
charged at 200% of the highest hourly rate per position" That line
remained in the Master Fee Schedule until 7/20/2004 when it was
changed to the $95.00 hourly rate.
Council Report
Attachment #1
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CITY OF ALAMEDA RESOLUTION NO.
AMENDING MASTER FEE RESOLUTION NO. 12191 TO REVISE FEES CHARGED FOR
APPEALS TO THE PLANNING BOARD AND TO THE CITY COUNCIL
WHEREAS, the Alameda Municipal Code and the California Government
Code provide that the City Council shall set fees reasonable to recover cost of providing
various services by resolution; and
WHEREAS, the City Council, at the August 27, 1991 Special City
Council meeting, directed City Staff to amend the Alameda Municipal Code to reflect
that City fees shall be set by City Council Resolution; and
WHEREAS, Resolution No. 12191 ( "Master Fee Resolution "), as
amended codifies existing fees for various City services and permits.
0
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda that the fees charged for appeals to the Planning Board and to the City
y. ® Council be revised to a base rate of $100 plus $100 per hour for time and materials up to
a maximum of $1000 to be paid by any appellant whether applicant or non - applicant.
BE IT FURTHER RESOLVED that pursuant to Ordinance No. 1928, the
0 City Fees are subject to administrative adjustments not greater than 5% annually over
existing recovery levels.
BE IT FURTHER RESOLVED that all fees established by Master Fee
Resolution No. 12191 which are inconsistent with the fees established by this Resolution
are hereby repealed.
Resolution #5- B (1)
4 -18 -06
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 , 2006, 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 , 2006.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO.
AMENDING MASTER FEE RESOLUTION NO. 12191 TO REVISE FEES CHARGED FOR
APPEALS TO THE PLANNING BOARD AND TO THE CITY COUNCIL
WHEREAS, the Alameda Municipal Code and the California Government
Code provide that the City Council shall set fees reasonable to recover cost of providing
various services by resolution; and
WHEREAS, the City Council, at the August 27, 1991 Special City
Council meeting, directed City Staff to amend the Alameda Municipal Code to reflect
that City fees shall be set by City Council Resolution; and
WHEREAS, Resolution No. 12191 ( "Master Fee Resolution "), as
amended codifies existing fees for various City services and permits.
z NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
or. of Alameda that the fees charged for appeals to the Planning Board and to the City
® Council be revised to a flat rate of $1000 to be paid by any appellant whether applicant or
- non - applicant.
>- BE IT FURTHER RESOLVED that pursuant to Ordinance No. 1928, the
City Fees are subject to administrative adjustments not greater than 5% annually over
existing recovery levels.
BE IT FURTHER RESOLVED that all fees established by Master Fee
Resolution No. 12191 which are inconsistent with the fees established by this Resolution
are hereby repealed.
Resolution #5- B (2)
4 -18 -06
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 , 2006, 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 , 2006.
Lara Weisiger, City Clerk
City of Alameda
CITY ATTORNEY
CITY OF ALAMEDA RESOLUTION NO.
AMENDING MASTER FEE RESOLUTION NO. 12191 TO REVISE FEES CHARGED FOR
APPEALS TO THE PLANNING BOARD AND TO THE CITY COUNCIL
WHEREAS, the Alameda Municipal Code and the California Government
Code provide that the City Council shall set fees reasonable to recover cost of providing
various services by resolution; and
WHEREAS, the City Council, at the August 27, 1991 Special City
Council meeting, directed City Staff to amend the Alameda Municipal Code to reflect
that City fees shall be set by City Council Resolution; and
WHEREAS, Resolution No. 12191 ( "Master Fee Resolution "), as
amended codifies existing fees for various City services and permits.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda that the fees charged for appeals to the Planning Board and to the City
Council be revised to a flat rate of $100 for non - applicants, with the cost of time and •
materials paid by the applicant at a rate of $100 per hour to a maximum of $1000.
BE IT FURTHER RESOLVED that pursuant to Ordinance No. 1928, the
City Fees are subject to administrative adjustments not greater than 5% annually over
existing recovery levels.
BE IT FURTHER RESOLVED that all fees established by Master Fee
Resolution No. 12191 which are inconsistent with the fees established by this Resolution
are hereby repealed.
Resolution #5- B (3)
4 -18 -06
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 , 2006, 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 , 2006.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
Memorandum
Date: April 18, 2006
To: Honorable Mayor and
Councilmembers
From:
Debra Kurita
City Manager
Re: Resolution to Adopt a "Buy Alameda" Philosophy
BACKGROUND
The primary purpose of the City is to provide the services that enhance the quality of life for the
residents and the prosperity of the business community. As the businesses generate a major portion
of the revenues for the City's general fund, the fund that provides the functions most commonly
associated with city government: police, fire, recreation, planning and building, street maintenance,
and general city administration, the support of this segment of our community is a key element in
providing the resources necessary to fund the programs, projects and activities that enhance the
quality of life for our residents. Given this dynamic, in August, the City Council initiated a position
of supporting the business community through a "Buy Alameda" philosophy.
DISCUSSION
In order to support the business community and thereby maintain and enhance the programs that
provide services to the residents, the City has developed a "Buy Alameda" approach that involves
both an external and an internal focus. In terms of the external focus, the education of the residents
of the benefits of increasing purchases from existing Alameda businesses will be accomplished, in
part, through the adoption of the proposed resolution. The City's "Buy Alameda" philosophy will
involve the sharing of the information that buying locally creates jobs, reduces the environmental
impact in the community, increases the City's economic tax base and supports the programs, projects
and activities that maintain and improve the quality of life for our residents. Also, the City will
maintain its positive relationship with the business community through the active participation with
the various business organizations. Additionally, the Development Services Department's business
attraction and retention programs advance this effort. Further, the City's "Buy Alameda" philosophy
supports the outreach efforts of Alameda Power & Telecom, the City's electric and
telecommunications department, in its efforts to provide these services to the community.
In terms of the focus on internal city systems to support the "Buy Alameda" philosophy, the City
staff has reviewed the procurement system and processes to ensure that the Local Preference Policy,
which is incorporated into the Municipal Code, is applied to the purchase of goods and services
whenever possible. Further, staff has analyzed the procedures through which businesses are included
in the bidding process for goods and services and has developed a partnership with the Chamber of
Commerce to outreach to those local businesses that are not already participating in this process.
Through this partnership, the City is also creating a workshop designed to educate the business
owners on how to do business with the City. Re: Reso 5 -C
4 -18 -06
Honorable Mayor and
Councilmembers
BUDGET CONSIDERATION/FINANCIAL IMPACT
April 18, 2006
Page 2
The fiscal impact associated with the adoption of the "Buy Alameda" philosophy is generated
through the support of the local businesses. As approximately one percent of every $100 spent in
Alameda is returned to the City, overall tax revenue will increase if purchases at local businesses and
shops increase. Given that the business community generates a major portion of the revenues
allocated to the City's general fund, the adoption a "Buy Alameda" approach will support the efforts
to provide services, programs, projects and activities to the residential community.
RECOMMENDATION
Adopt a resolution to adopt a "Buy Alameda" philosophy.
Respectfully submitted,
DK/LA
Debra Kurita
City Manager
By: Lucretia Akil
Acting Assistant to the City Manager
CITY OF ALAMEDA RESOLUTION NO.
SUPPORTING A "BUY ALAMEDA" PHILOSOPHY
WHEREAS, the City Council of the City of Alameda encourages Alameda
residents to buy locally and promote Alameda businesses as shopping destinations;
and
WHEREAS, The City Council finds that the prosperity of the business community
enhances the overall quality of life in Alameda; and
WHEREAS, buying in Alameda increases the economic tax -base for its residents
and local businesses through the support and empowerment of the local community;
and
WHEREAS, buying in Alameda creates more jobs and maintains the benefits of
on- Island goods and services, increasing tax revenues within the City; and
WHEREAS, the City Council recognizes that for every $100.00 dollars spent in
Alameda, one percent stays in Alameda which will result in a stronger economic
• community; and
ec
® WHEREAS, shopping locally reduces the environmental impact in the community
as local purchases require less transportation, which decreases congestion, habitat loss
and pollution; and
WHEREAS, buying in Alameda offers the benefit of streetscapes, pedestrian —
friendly shopping, easy access to parking and unique - locally owned shops and
businesses; and
WHEREAS, buying and using AP &T cable and internet services supports the
environmentally friendly renewable resources and the natural environment; and
WHEREAS, the City Council encourages the use of the City's own municipal
electric and telecommunications company, Alameda Power and Telecom (AP &T).
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda
hereby adopts a "Buy Alameda" philosophy which enhances the quality of life for the
residents and the prosperity of the business community.
Resolution #5 -C
4 -18 -06
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 , 2006, 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 , 2006.
Lara Weisiger, City Clerk
City of Alameda
Water/Marina Based
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John L. Abrate
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Marie Alison
Geoffrey R. Alman
Pamela J. Boyes
Kevin D. Braband
Michael C. Carey
Mark R. Chandler
Sanford L. Clark
Robert A. Clendenen
Jeannette L. Copperwaite
Michael P. Corbitt
Harry W. Dahlberg
Michelle L. Daniels
Shaun P. Daniels
Michael A. Dean
Kenneth I. Dorrance
David J. Duffin
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Rose F. Goodrich
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Patricia A. Grey
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Leslie J. Hawksbee
Bruce D. Hood
Karen A. Jine
John G. Kabasakalis
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Kelly M. Kearney
Anders H. Lee
Stanley C. Lichtenstein
Jessica Lindsey
Gerald C. Long
Tamar Lowell
Maricel T. Loyola
Cynthia J. Marsh
Kathy L. Moehring
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Nancy Reed - Marzolf
Roberto A. Rocha
John T. Rohowits
Dale T. Rosen
Michael C. Schiess
David G. Skaff
Timothy Robert Smith
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Theatte (Teddy) B. Tarbor
Patrick A. Tracey
Michael Jay Williams
Edwin F. Winberg
Matthew L. Wolfe
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL JOINT CITY COUNCIL
AND COMMUNITY IMPROVEMENT COMMISSION MEETING
TUESDAY - - - MARCH 21, 2006 - - - 7:31 P.M.
Mayor /Chair Johnson convened the Special Joint Meeting at 8:03 p.m.
ROLL CALL -
MINUTES
Present: Councilmembers /Commissioners Daysog,
deHaan, Gilmore, and Mayor /Chair Johnson
- 5. [Note: Councilmember /Commissioner
Daysog arrived at 9:05 p.m.]
Absent: None.
(06- CC /06- CIC) Minutes of the Special Joint City Council and
Community Improvement Commission Meeting held on March 7, 2006.
Approved.
Vice Mayor /Commissioner Gilmore moved approval of the minutes.
Councilmember /Commissioner deHaan seconded the motion, which
carried by unanimous voice vote - 4. [Absent:
Councilmember /Commissioner Daysog - 1.]
AGENDA ITEM
(06- CC /06- CIC) Recommendation to review Section 106 Findings
and approve revised designs of the 350 -space parking garage and
Cineplex at the corner of Oak Street and Central Avenue within the
C -C T Community Commercial Theater) zoning district;
(06- A /CC) Resolution No. 13937, "Approving Amended Final Designs
for Design Review DR05 -0041 for the Proposed Cineplex at 2305
Central Avenue and DR05 -0028 for the Proposed Parking Garage at
1416 Oak Street. Adopted;
(06- B /CC) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for the Rehabilitation of the Historic
Alameda Theatre; and
(06- C /CC) Recommendation to adopt Conceptual Plans and
Specifications and authorize Call for Bids for Design -Build of the
Civic Center Parking Garage, CIP No. 90 -19. Approved.
The Development Services Director provided a brief presentation.
The Architect gave a brief presentation.
Special Joint City Council and
Community Improvement Commission Meeting
March 21, 2006
1
The Development Services Director continued her presentation.
Vice Mayor /Commissioner Gilmore inquired whether the 15%
contingency for the historic theater and the 9 and a half percent
contingency for the parking structure are included in the budget,
to which the Development Services Director responded in the
affirmative.
Mayor /Chair Johnson opened the public portion of the meeting.
Proponents (In favor of staff recommendations): Pauline Kelley,
Alameda; Kevis Brownson, Alameda (submitted petition); Harvey
Brook, Park Street Business Association (PSBA); Barbara Mooney,
Alameda; Lars Hansson, PSBA; Mary Amen, PSBA; Harry Dahlberg,
Economic Development Commission; Ed Clark, West Alameda Business
Association; Debbie George, Alameda; Marilyn Ezzy Ashcraft,
Alameda; Melody Marr, Alameda Chamber of Commerce (read list of 11
names); Robb Ratto, PSBA (submitted comments); Walt Jacobs, Alameda
Chamber of Commerce; Charles Carlise; Alameda; Norma Payton
Henning, Alameda.
Opponents (Not in favor of staff recommendations): Joe Maylor,
Alameda (submitted comments); Susan Battaglia, Alameda; Deborah
Overfield, Alameda; Valerie Ruma, Alameda (submitted comments); Ani
Dimusheva, Alameda; Scott Brady, Alameda; Nancy Hird, Alameda;
Denise Brady, Alameda Architectural Preservation Society; Robert
Gavrich, Alameda; Michael Kelly, Alameda; Eric Scheuermann,
Alameda; Irene Dieter, Alameda; Vern Marsh, Alameda; Anders Lee,
Alameda (submitted comments); David Kirwin, Oakland (submitted
comments); Rosemary McNally, Alameda; Paula Rainey, Alameda; Jon
Spangler, Alameda; Patricia Gannon, Alameda; Kevin Frederick,
Alameda.
There being no further speakers, Mayor /Chair Johnson closed the
public portion of the meeting.
* **
Mayor /Chair Johnson called a recess at 9:37 p.m. and reconvened the
Special Joint Meeting at 9:43 p.m.
* **
The Development Services Director provided a brief presentation in
response to public comments.
Councilmember /Commissioner Matarrese requested clarification on the
General Plan requirement for a Civic Center specific plan; inquired
Special Joint City Council and
Community Improvement Commission Meeting
March 21, 2006
2
whether a scale model could be produced.
The Development Services Director responded that a number of
printed articles have suggested that the City has not responded to
the General Plan requirement for a Civic Center specific plan;
stated the Planning Board extensively discussed the matter.
The Supervising Planner stated the General Plan had a policy for a
specific Civic Center plan; the General Plan was adopted in 1991 to
in vogue specific plans which have associated financing mechanisms;
the Civic Center plan was not mandatory.
The Development Services Director stated that the General Plan also
has a number of great ideas such as building affordable housing and
buying Estuary Park; a prioritization process goes along with the
General Plan; stated a massing model was done initially to address
size and scale; a model would cost between $16,000 to $18,000; a
model would take four to six months to prepare; the budget has
escalated 3% since November 2004.
Councilmember /Commissioner deHaan inquired whether four to six
months was a reasonable amount of time to prepare a model.
The Development Services Director responded a site and building
model would take about four to six months; stated a survey would be
needed; an expanded area model would take two to three times more.
Councilmember /Commissioner deHaan inquired what was the date of the
marketing study.
The Development Services Director responded all decisions have been
based upon the economic analyses completed within the last year.
Councilmember /Commissioner deHaan stated discussions have suggested
that the market has changed.
The Development Services Director stated updates have been made
regarding the competition; the Jack London Cinema is at capacity.
Councilmember /Commissioner deHaan stated he understood that the
marketing study and subsequent economic development profile
indicated that Oakland was considering adding more screens; he was
not sure whether the marketing study addressed the issue.
The Development Services Director responded the marketing study did
not set numbers for Jack London or speculate what additional
screens would do to the market; Oakland's expansion was
Special Joint City Council and
Community Improvement Commission Meeting
March 21, 2006
3
undetermined.
Councilmember /Commissioner deHaan stated expansion was iffy at
best.
The Development Services Director stated Alameda has a very close,
local market that would continue to draw patrons because of
convenience and appeal; the business district and Alameda Theater
are catalytic and create a draw.
Councilmember /Commissioner deHaan stated the community looks
forward to having movies in Alameda; the Jack London area is not
the best environment; stated the 20 -inch overhand had been a
concern; inquired how the 20 -inch overhand was corrected.
The Development Services Director responded five inches were gained
because the owner was able to utilize different speakers with
different dimensions; additional inches were captured throughout
the theater.
Councilmember /Commissioner deHaan stated that it appeared that
inches were captured in the stair structure.
The Development Services Director concurred with
Councilmember /Commissioner deHaan.
Councilmember /Commissioner Daysog stated most of the computer -
assisted drawings were taken from a certain distance; inquired
whether scale drawings could be provided from an up- close, upward
angle.
Vice Mayor /Commissioner Gilmore thanked everyone for continuing to
come out to support their position; discussions have been decisive
and helpful; the historic theater closed over twenty years ago;
restoring the theater was intimately tied to going to a theater in
Alameda; changes in the theater industry have been discussed; a USA
Today article noted that theater owners are not worried about which
way the industry would go; preserving the historic theater does not
make sense if there was a possibility that the theater industry
would not be successful in the future; discussions have addressed
single screens not being economically feasible because of
maintenance and operation costs; 80% of ticket revenue goes to the
studios when a film initially comes out; the percentage is higher
with certain blockbusters; theater operators do not make a lot of
money from ticket sales in the first couple of weeks that the
movies are out; more screens are needed to rotate movies around;
questioned saving the theater if the historic fabric is not
Special Joint City Council and
Community Improvement Commission Meeting
March 21, 2006
4
preserved and the theater industry is not viable; movies have not
been shown at the historic theater for over twenty years; the
marketplace has not created an economical reuse of the historic
theater; the building is beautiful and should be saved; she would
not vote to save the theater at any price; she is concerned with
how costs have escalated.
Councilmember /Commissioner deHaan stated a quantum step has been
made in the design; concerns have been expressed regarding the Oak
Street traffic elements; stated two incoming lanes should be
reviewed; roll -up doors are on the Oak Street side adjacent to the
parking structure; he would like to review alternatives; commended
the Historical Advisory Board and Architectural Preservation
Society for working to make the design better; input has resulted
in a majority of the architectural changes but does not mean that
the mass and sizing were proper or acceptable; pricing is a
concern.
Vice Mayor /Commissioner Gilmore inquired what happens if the bids
are too high.
The Development Services Director responded all bids could be
rejected; precautions have been made to pre - qualify bidders.
Vice Mayor /Commissioner Gilmore stated value engineering was
performed on the Library project; inquired whether value
engineering could be done on the theater project.
The Development Services Director responded the historic theater
has been value engineered; $1.8 million would be financed by the
developer for the Furniture Fixtures and Equipment; a larger
contingency [15 %] was carried because historic renovations tend to
have surprises; the contingency could be lowered when construction
estimates are complete; value engineering would involve the most
historically significant features to be restored; 70% of the hard
construction budget is in systems.
Mayor /Chair Johnson inquired what was the current cost for the
historic theater, to which the Development Services Director
responded $12.849 million.
Councilmember /Commissioner Matarrese stated the staff
recommendation has three elements: 1) Review of the Section 106
findings, 2) adoption of a resolution [final design], and 3)
adoption of plans and specifications for bidding out the historic
theater and parking structure; general consensus was that the
current design is much better than before and is a credit to the
Special Joint City Council and
Community Improvement Commission Meeting
March 21, 2006
5
architect and individuals who provided comments; the bidding
process would provide the key on whether or not to save the
historic theater at any cost; starting now is critical; he would
like to see the project go out to bid; another evaluation would be
necessary once the bid results are received; he does not believe
the size would affect the character of the City because the people
are the character; Park Street has blossomed by bringing in
Starbuck's Coffee and Peet's Coffee; stated he was ready to move
forward.
The Development Services Director clarified that the previously
mentioned $12.849 million figure [for the historic theater]
includes acquisition, relocation and contingencies; the
rehabilitation is estimated at $7.3 million.
Councilmember /Commissioner Daysog stated that tonight's meeting
addressees design and the bidding process; the financial aspects
of the project continue to trouble him; Alameda will collect 30 to
40 cents per- square foot on the historic theater, which is
substantially below the $1.50 per- square foot market rate for new
theater space; he remains convinced that the City should be
collecting a rent significantly north of 40 cents per- square foot
and somewhere south of $1.50 per- square foot to ensure that the
project is financially beneficial to both the City and the
developer; the difference between 40 cents per- square foot and
$1.50 per- square foot may seem trivial but equates to millions of
dollars that Alameda would be loosing over many years;
rehabilitation costs have increased by 30% with strong prospects of
increased costs once rehabilitation commences; the City should be
collecting a rent commensurate with the project risks; the need for
a better deal with the developer is underscored by the fact that
both a consultant and City staff agreed that local residents would
buy movie tickets in droves; the Central Cinema proves the demand
analysis to be correct; both the developer and the City should be
sharing in the anticipated strong demand for movie tickets and
concessions; the historic downtown area should be revived by
refurbishing the old theater within the dictates of financial
prudence and reason.
Mayor /Chair Johnson requested clarification on the rental rate for
the historic theater.
The Development Services Director responded that the historic
theater differs from new theater space; the overhead, maintenance,
and lease requirements are quite extraordinary; the lease
requirements for maintenance are very strict; the Grand Lake
Theater's rent structure is almost identical to Alameda's with the
Special Joint City Council and
Community Improvement Commission Meeting
March 21, 2006
6
exception of retail rent; the historic theater retail space would
be maintained by the City under the ground lease and the City would
receive all of the rental income; the Grand Lake Theater had all
improvements and investments made years ago; the City has a healthy
box office /concession profit participation starting at 17% above a
performance measure once the developer reaches a certain return;
profit participation is through the life of the project; the
community should not be responsible for the long -term maintenance.
Councilmember /Commissioner Daysog stated the information is very
helpful, but the fact remains that there is a huge spread between
40 cents per- square foot and the market rate; the City should
collect 60 to 80 cents per- square foot; the developer would still
receive a substantial, below market rent; he believes 40 cents per -
square foot is significantly south of where the City should be.
Councilmember /Commissioner deHaan stated parking was the most
important issue in the Downtown Vision Plan; the theater was
considered a nicety but not a necessity; two redevelopment areas
were merged to develop a funding stream; approximately $26 million
was left from the $47 million after pay offs; the majority of the
money was spent on Park Street; approximately $1.2 million was
spent in the Webster Street area; the majority of revenue came from
Marina Village; alternative sites were considered to gain
additional parking; the parking analysis indicates a shortage of 19
spaces during peak times; the theater uses the vast majority of the
parking capacity; parking spaces have been lost with the street
renovation; parking spaces were bought out with the Knowles
project; the proposed parking structure was initially was six
levels; seven levels were needed because of the setback; the
seventh level is not serviced by the staircase or elevators; the
new parking is not 350 spaces because there was existing parking
at the Video Maniacs; 280 additional spaces would cost
approximately $40,000 per parking space; if all parking spaces are
counted, the amount gets down to about $32,000 per space; studies
indicate a range from $15,000 to $17,000 per space; today's costs
are close to $20,000; a larger construction cost is created by
building vertically; the City would pay $3.8 million for the
staircase, escalator, and elevators because seven screens require
two stories; a seven or nine screen theater could be built at the
old Video Maniacs site and a parking structure could be built
elsewhere if the building was single story; he is concerned with
the extra $4 million from the bonds; the theater is not a complete
restoration; the lobby would be beautiful; the balcony probably
would not be completed because of constraints; he has concerns that
heavy traffic would be brought to Oak Street; a study was conducted
for 11:00 p.m. to 1:00 a.m. Saturday traffic while the peak hours
Special Joint City Council and
Community Improvement Commission Meeting
March 21, 2006
7
start at 8:30 p.m.; project costs are now estimated to be $28
million; the $7 million HUD loan was not anticipated when the
project began; alternate parking space locations are available
which would enable more screens if necessary; the US Bank site
would provide 350 parking spaces; he has major financial concerns.
The Development Services Director stated the City floated a $46.5
million bond with a net of $40 million; $13 million was to repay
Marina Village for the investment made in infrastructure; $2.2
million was to repay a loan from the West End project;
approximately $4 million of the Streetscape Project was
uncommitted; projects identified for the Bond money included the
Alameda Theater, Bridgeside Shopping Center, and parking structure;
$7.5 million was for the Alameda Theater and $10.3 million was for
the parking structure; the 2002 parking study assumed that the
average space would cost approximately $18,000 per parking stall;
the cost did not include relocation, demolition, or property
acquisition; current per space construction costs are $23,700; the
$32,000 cost per space includes acquisition, relocation, design,
etc.; Watsonville just finished a 460 parking space garage which
was bid at $20,600 per space eighteen months ago; concrete costs
have accelerated; Santa Rosa recently bid a parking garage at
$30,000 per stall for construction; the elevator requirements of
the new theater serve the historic theater also; an elevator is
required for a public assembly facility; the previously proposed
parking structure included parking on the top deck; each level has
increased in height to accommodate equipment and air space needs; a
$3 million grant was submitted to the State under Proposition 30
about a month and a half ago for additional historic theater
preservation activity.
Mayor /Chair Johnson stated real costs would not be know until
construction bids are received; the City experienced bids coming in
over budget for the New Library; the Webster Street project was
overbid and the bids were rejected; concurred with Vice
Mayor /Commissioner Gilmore regarding not restoring the theater at
any cost; the theater has been rotting for 25 years since a 1981
vote to save the theater; theater preservation and restoration may
not be important to everyone; the majority of the community finds
restoring the theater important; attempts to save the theater have
failed in the past; opportunities are coming to an end; the roller
rink significantly damaged the property; she does not want the
theater to have five screens; the theater should not be restored if
the integrity is destroyed; another project would not go forward if
the current project was unsuccessful; the current design was
significantly different than the past; urged moving forward with
the project.
Special Joint City Council and
Community Improvement Commission Meeting
March 21, 2006
8
Councilmember /Commission Matarrese moved approval of the staff
recommendations and adoption of the resolution.
Vice Mayor /Commissioner Gilmore seconded the motion, which carried
by the following voice vote: Ayes: Councilmembers /Commissioners
Gilmore, Matarrese, and Mayor /Chair Johnson - 3. Noes:
Councilmembers /Commissioners Daysog and deHaan - 2.
Councilmember /Commissioner Matarrese requested staff to review the
possibility of having the UC Berkeley Architecture School build a
model.
Mayor /Chair Johnson stated not holding up the project was
important.
ADJOURNMENT
There being no further business, Mayor /Chair Johnson adjourned the
Special Joint Meeting at 10:57 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
Secretary, Community Improvement
Commission
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Joint City Council and
Community Improvement Commission Meeting
March 21, 2006
9
CITY OF ALAMEDA
MEMORANDUM
Date: April 13, 2006
To: Honorable Mayor and Members of City Council
Chair and Members of Community Improvement Commission
Chair and Members of Alameda Reuse and Redevelopment Authority
Chair and Housing Authority Board of Commissioners
From: Carol A. Korade
City Attorney /General Counsel
Re: Legal Services Provided by City Attorney and
General Counsel and Discussion of Staffing Options
Background
Alameda's legal needs are unique among the 438 cities in California. It is the only city
under 100,000 population, in which all of the following are true:
• It has a closed military base in its jurisdiction for disposition and redevelopment
• It has a Housing Authority, providing affordable housing opportunities
• It has an active redevelopment agency, with ongoing development projects
• It owns a public utility company2
• It has lands held in the Tidelands Trust for the public interest
• It owns a municipal (public) golf course
• It has a full - service police, fire and paramedic service
The City's complex legal needs are provided by and through the City Attorney.3 In this
capacity, the City Attorney's Office provides over 10,000 formal and informal legal
opinions, contracts, transactional work and prepares all the legislation for each
legislative body each year. The City Attorney defends the City entities against claims
and lawsuits and initiates litigation on behalf of the City entities when directed to do so
by the legislative body. The City receives an average of 126 claims a year and has
averaged 16 active litigation cases per year for the past 15 years. The City is self -
insured for all claims and lawsuits and workers' compensation matters. Since 1997,
with the closure of the Naval Air Station Alameda, expansion of AP &T, and increased
City redevelopment, the City's demand for legal services has more than doubled.
1 There are only nine other cities in the state, including, San Francisco, Oakland, Los Angeles, Sacramento, San Diego, Vallejo,
Long Beach, Oxnard and Fairfield, which include most of these criteria.
2 Alameda is the only city in California which provides electric, internet and cable television services to its citizens.
3 In addition to serving as legal advisor to the City Council, 26 City Boards, Commissions and Committees, the City Manager and
City's Clerk's Offices and 13 City Departments, the City Attorney is also General Counsel to Alameda Power & Telecom, Community
Improvement Commission ( "CIC "), Alameda Reuse and Redevelopment Authority ( "ARRA ") and the Housing Authority.
Report 1
Special Joint Meeting
4 -18 -06
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
Housing Authority Board of Commissioners
April 13, 2006
Page 2
Current Organizational Model and Staffing Pattern for City Attorney's Office
The present composition of the City Attorney's Office is the City Attorney plus four full -
time in -house assistants and /or deputies, supplemented with various outside counsel
support. Even with City Attorney staffing of five full -time attorneys, the workload of each
attorney has increased more than 30% since 1997, due to the increased demand for
legal services. All in -house attorneys work 40 -50 hours each week. The current budget
for the five attorney staff of the City Attorney's Office is $894,170 (including cost of
benefits). This budget reflects an average hourly rate of $76.00 (which includes the
cost of benefits) based on a 45 hour work week for the five full -time municipal attorney
staff,' The City Attorney staff supervises the work of all outside counsel and no staff
attorney has less than 10 years experience. By comparison, the average hourly rate of
outside counsel is $276 —over three and 1/z times more expensive than a staff attorney.5
The organizational model of permanent in -house attorney staffing, supplemented by
discrete outside counsel services, is a model which is used by many cities. Attachment
1, a comparison of East Bay city attorney costs and staffing patterns, reflects that
Alameda's City Attorney budget is on par with comparable cities.
In addition to the City Attorney's in -house staffing, the City Attorney has access to an
outside counsel budget for the various City entities it represents. The outside counsel
budgets function like a reserve or "contingency" fund for each entity, and is used to fund
litigation and discrete areas of transactional expertise. Attachment 2 summarizes the
City's current outside counsel budgets, and also shows expenditures to date. The
existing outside counsel budgets were approved for FY 05/06 by the legislative body, as
recommended by the City Manager. The City Council and other legislative bodies also
adopted procedures and limitations on the City Attorney's expenditures from all outside
counsel budgets, the imposition of monthly financial reporting requirements and
restrictions on use of outside counsel from an outside counsel panel, chosen through an
RFQ process. The outside counsel budgets for the City, ARRA and the Housing
Authority have remained relatively constant for 10 -15 years. Historically, the City
Attorney's Office has expended less than 88% of its outside counsel funds, with an
average annual cost savings of more than 12 %.
With my departure on June 30, 2006, the City Attorney's Office will be operating with
only two of its budgeted attorney positions, which is 40% of its legal staff (due to the
loss of two staff attorneys last month), and 28% of its FY 04/05 professional staff (loss
of two staff attorneys plus a laid off Management Analyst). Five in -house attorneys
4 Based upon a 36 hour work week, the average hourly rate is $95 (includes cost of benefits).
5 Based on average of hourly rates of outside legal services panel establithed in December 2005, through RFQ process.
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
Housing Authority Board of Commissioners
April 13, 2006
Page 3
have been working at least 45 hours per week in order to meet the legal demands of the
City (approximately 1,000 total working hours a month each month). With only two
attorneys in place, the City would suffer a loss of over 600 working hours a month to
provide necessary legal services. It is not possible for the City Attorney's Office to
provide necessary legal services with only an Acting City Attorney and one staff
attorney starting July 1. Additionally, two in -house attorneys are insufficient to
supervise this level of back -fill work by outside counsel.
In order to avoid the loss of significant legal services on July 1St, we are currently
creating eligible lists from which to choose replacement of two vacant staff attorney
positions, subject to Council direction on the staffing options.6 As part of the budget
process for FY 06/07, the City Attorney's office analyzed the legal needs of the City
based on input from the 13 City Departments and the City Manager's Office regarding
the projects anticipated for the upcoming fiscal year. This information has been
previously provided to the Council.?
Staffing Options for the City Attorney's Office
Attachment 3 is a chart reflecting four staffing options for the City Attorney's Office, with
a comparison of function and cost for each Option summarized below:
Option One, is the existing staffing pattern of one City Attorney and four staff attorneys.
The total budgeted personnel costs for this option is $894,1470. Option One includes
retaining the outside counsel budgets at their existing reserve levels, as shown in
Attachment 2. Option One provides sufficient staffing to:
• Provide experienced and high level in -house attorney work at a good value
($76 /hour)
• Provide necessary supervision to outside counsel litigation and transactional
work to continue to keep outside counsel costs controlled
• Maintain synergy between City departments through in -house attorney
consistency and institutional knowledge
6 Recruitment is likely to be made more difficult due to a professional perception of instability in the City Attorney's Office, with my
departure on June 30th and lack of a permanent City Attorney appointment. (It is important for professional personnel to know who
their boss will be, when deciding on a career move which will indude a period of probationary employment.)
7 The past few years have seen an unprecedented request for legal services outside the municipal area. A portion of these include
the Navy negotiations /base transfer issues; litigation and transactional issues on the Bridgeside condemnation and transfer and
Alameda Theater; the new main library; legal support for growth of AP &T and significant litigation; ferry issues; the Alameda Beltline
litigation; Harbor Island Apartments litigation; Measure A issues and litigation; transactional and litigation services to complete the
Navy transfer of the FISC site and the Catellus development; environmental /remediation issues, to name only a few.
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
Housing Authority Board of Commissioners
April 13, 2006
Page 4
• Provide maximum risk shifting and risk avoidance through proactive legal work
Option Two shows a reduced attorney staff pattern of one City Attorney and three staff
attorneys. It is recommended that with the Option Two reduced attorney staffing, that
the remaining staff attorneys be high level and capable of complex legal work. This
Option shows a $143,298 or 16% salary/benefit savings over Option One. Outside
counsel budgets would be maintained at their existing reserve levels. Option Two
provides in -house attorney staffing to:
• Provide experienced and high level in -house attorney work at a good value
($76 /hour)
• Provide supervision to outside counsel litigation and transactional work, but
increase expenditures from outside counsel budget or limit legal services
• Maintain synergy between City Departments through in -house attorney
consistency and institutional knowledge
• Provide some risk shifting /risk avoidance, but less proactive legal work and more
"triage" in approach
Option Three shows a reduced attorney staff pattern, plus the addition of a
Management Analyst. Management of claims and resulting litigation must be
coordinated with and supervised by the City Attorney's Office. In the FY 05/06 budget
cycle, the City Attorney's Office had to lay -off a Management Analyst as part of an
overall budget cut of $330,000. "Option Three" is the same staffing pattern as Option 2,
but includes restoring a full -time Management Analyst. This Option shows a $32,965,
or 4% salary savings over Option One. Option Three compares with Option Two above,
but permits better risk shifting /risk avoidance and proactive legal work with
reinstatement of personnel to provide in -house claims management.
Option Four is the retention of existing attorney staff only —one City Attorney and two
staff attorneys, and providing the additional legal work required by the City, ARRA, CIC
and Housing Authority through the use of outside counsel resources. The existing
outside counsel budget would be insufficient to provide necessary legal services for this
Option, given the cost differential between in -house attorney staffing ($76 /hour average)
and outside counsel staffing ($276 /hour average). We are sensitive to the fact that
outside counsel costs have been a source of public discussion and that the City Council
has expressed a desire to keep these outside counsel costs controlled. Option Four is
the least cost effective and least efficient model:
• Provides a salary/benefit savings of approximately $331,577, but increases the
outside counsel budget by the same amount for no net cost savings
• Outside counsel costs are over 3 1/2 times higher than in -house staffing, and
therefore, only 30% as efficient
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
Housing Authority Board of Commissioners
April 13, 2006
Page 5
• In house attorneys work at least 45 hours a week (equivalent to 35 "billable"
hours a week), with an annual billable rate of 1,820 hours each (times two
attorneys). At an average outside counsel billable rate of $276 times 3,640
hours, the potential cost of outside counsel to replace the work of two staff
attorneys is over $1,000,000; even if the outside counsel budget was enhanced
by the $331,557 salary savings of two unfilled attorney positions, there would still
be a deficit of over $600,000 in costs necessary to fund this option.
• Provides insufficient in -house attorney staffing to maintain synergy and legal
continuity between departments (many City projects have implications for
multiple departments, such as affordable housing projects between Development
Services, Housing Authority and Planning and Building, or development and
redevelopment projects between Development Services and Public Works)
• Provides insufficient in -house attorney staffing to supervise outside counsel work,
therefore likely to lead to error and inconsistency in the legal product
• Provides less access to legal support by departments, given the "pay as you go"
model of outside counsel services
• Increases costs by paying outside counsel to "learn Alameda" repeatedly (lack of
continuity)
• Increases risks of litigation costs, where same outside counsel firm providing
transactional advice also provides resulting litigation services
Fiscal Impact
There would be no fiscal impact by maintaining the current City Attorney staffing
pattern. This budget was approved in July 2005. A FY 06/07 budget based on the
current City Attorney staffing pattern will not result in any overall budget increase from
FY 05/06.
Option Two — reduced staffing pattern of one City Attorney and three staff attorneys.
The salary/benefit cost for this attorney staffing pattern is $750,880, which is a savings
of $143,290 in salary/benefits over the current budget.
Option Three — reduced staffing pattern of one City Attorney and three staff attorneys,
but restoring a Management Analyst. The salary/benefit cost for this staffing patterns is
$861,205, which is a savings of $32,965 in salary/benefits over the current budget.
Option Four — reduced staffing pattern of one City Attorney and two staff attorneys with
a corresponding increase in outside counsel budget to back -fill legal services —would
not result in any cost savings over FY 05/06 budget and could potentially be more
expensive (up to an additional $600,000 in outside counsel costs, even with a transfer
Honorable Mayor and City Council
Members of Community Improvement Commission
Members of Alameda Reuse and Redevelopment Authority
Housing Authority Board of Commissioners
April 13, 2006
Page 6
of $331,557 in salary savings to the current outside counsel budget), due to the three -
to -one expense comparison of outside counsel /contract attorney costs vs. in -house
attorney costs.
Recommendation
Option One is recommended as the optimum City Attorney staffing pattern;
• However, with greater risk assumption by the City,, Options Three or Two
can be recommended, in increased order of risk assumption
• Option Four is not recommended, due to its high cost, inherent
inefficiencies and increased risk exposure
Caro A. Korade
City Attorney /General Counsel
Attachment
cc: City Manager
Assist. City Manager
SUMMARY OF OUTSIDE COUNSEL BUDGET
AS OF FEBRUARY 28, 2006
*City's Outside Legal budget funds City initiation of litigation and litigation defense and specialty
transactional work. This budget has remained relatively constant for 15 years.
Approved Maximum
Legal Fees /Costs
Legal Fees /Costs
Expenditure Paid thru
2/28/06
Remaining Available
Balance as of 2/28/06
City Legal*
$ 465,000.00
$ 189,032.00
$ 275,968.00
AP &T Electric **
$ 200,000.00
$ 35,057.21
$ 164,942.79
AP &T Telecom * **
$ 200,000.00
$ 12,268.30
$ 187,731.70
ARRA * * **
$ 484,000.00
$ 108,671.75
$ 375,328.25
HA * * * **
$ 41,520.00
$ 2,660.50
$ 38,859.50
$ 1,390,520.00
$ 347,689.76
$ 1,042,830.24
25%
75%
*City's Outside Legal budget funds City initiation of litigation and litigation defense and specialty
transactional work. This budget has remained relatively constant for 15 years.
* *AP &T Electric Outside Legal budget funds AP &T litigation and specialty transactional work pertaining
to electric utility distribution and regulation. This budget varies from year to year, depending on
projected project or litigation needs of the AP &T electric.
* * *AP &T Telecom Outside Legal budget funds AP &T litigation and specialty transactional work
pertaining to telecommunications. This budget varies from year to year, depending on projected
project or litigation needs of AP &T telecom.
* ** *ARRA Outside Legal budget funds ARRA litigation and specialty transactional work pertaining to
federal regulations (BRAG process), environmental remediation, negotiation of specialty environmental
insurance products and leasing /redevelopment. This budget has remained relatively constant for 10
years.
* * ** *Housing Authority Outside Legal budget funds Housing Authority litigation, such as unlawful
detainer actions and disputes with HUD. This budget has remained relatively constant for many years.
There is no CIC outside counsel legal budget reserve. Legal costs of various redevelopment projects
are part of the "project costs," largely funded by the project development (e.g., the Alameda Theater
project and litigation costs flowing from the Alameda Theater project.)
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Survey Ouestions
Activities Supported:
Do you provide legal services to a Housing Authority?
IDo you provide legal services to a municipal utility company'?
lDo you provide legal services to a municipally -owned telecom
provider?
Do you provide legal services to a local reuse authority for
purposes of acquiring or redeveloping a closed military base within
your jurisdiction?
Does your city have full in -house police staffing, as opposed to
contracting for public safety services with your county?
Does your city' have full in -house fire staffing, as opposed to
contracting for public safety services with your county?
Does your City own a municipal golf course for which you provide
legal services?
Do you provide legal services for the construction of a new
municipal parking structure?
Does your city have an historio preservation district and do you
provide legal services for the preservation of historic structures?
Do you provide legal services to a ferry system? I
•
Do you provide legal services to your city regarding the Coastal
Conservancy Act or Tidelands Trust (i.e., if your city is located
adjacent to the coast or a public waterway)?
Do your provide legal services to support the renovation of a
historic theatre or other major redevelopment project?
How many authorized attorney positions do you have in your
office?
What is your total fiscal year budget for the City Attorney's Office
(including salaries and overhead for attorneys, support staff,
materials/conferences /office equipment, etc.)
What is your City Attorney's Office fiscal year outside counsel
budget?
M
.�
Option 1
Option 2
Current Attorney Staffing
Reduced Attorney Staffing
CA
$ 231,008
CA
$ 231,008
ACA II
$ 183,624
ACA II
$ 183,620
ACA I I
$ 183,624
ACA I
$ 168,126
DCA II
$ 147,957
ACA I
$ 168,126
$ 750,880
DCA II
$ 147,957
$ 894,170
Savings
$ 143,290
16%
Option 3
Option 4
Reduced Attorney Staffing/
Further Reduced Attorney Staffing
Restored Risk Professional
with Increased Outside Counsel Budget
CA
$ 231,008
CA
$ 231,008
ACA II
$ 183,620
ACAII
$ 183,620
ACA I
$ 168,126
ACAI
$ 168,126
ACA I
$ 168,126
Outside Counsel
Increased
MA
$ 110,325
$ 861,205
Savings
$ 32,965
Savings
None
4%