Title
Recommendation to Approve the Amended and Restated Maintenance and Cost Sharing Agreement between the City of Alameda and Alameda West Lagoon Homeowners Association. (Public Works 351)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Recommendation to Approve the Amended and Restated Agreement between the City of Alameda and Alameda West Lagoon Homeowners Association
BACKGROUND
In the 1950’s, the tidelands south of the Gold Coast were developed, creating the South Shore neighborhood. At the same time, the lagoons between South Shore and the Gold Coast were created. The homeowners along the newly constructed frontage of the lagoons formed the Alameda West Lagoon Home Owners’ Association (AWLHOA) for the purpose of raising funds and maintaining the lagoons. On November 25, 1964, the City of Alameda and the AWLHOA entered into an agreement to set forth the rights and responsibilities for each party in connection with lagoon operations, maintenance and repair. This agreement was amended in 1968 and 1996.
The land under the lagoon system is owned by the AWLHOA, with a storm water easement to allow the City access for maintenance. Access to the lagoons is limited to members of the AWLHOA, the water-front property owners on the Gold Coast, and City staff. In addition to serving private recreational and aesthetical purposes, the lagoon system is a storm drain collection, detention and treatment facility for the City. For that reason, the cost of maintenance and repair of the lagoon system is shared by the AWLHOA and the City.
DISCUSSION
In 2016, the AWLHOA approached the City of Alameda with the intent to restate and replace the agreement in its entirety. This was desired by both parties in order to bring current the now 50+ year old agreement. Changes include bringing the agreement language into the current City contract template, increasing the insurance and liability requirements, adding a term and automatic renewal clause, adding the requirement to allow both parties to review third party contracts prior to obligating funds, and clarifying division of responsibility for areas left silent in the original document. Public Works, the City Attorney, the AWLHOA Board, and the AWLHOA’s attorney had extensive input into the revisions, and all parties recommend the City Council enter into the Amended and Restated Agreement between the City of Alameda and the AWLHOA, which replaces in its entirety the original Agreement entered into November 25, 1964 and amended thereafter.
FINANCIAL IMPACT
Maintenance of the lagoons will continue to be paid for in part by the AWLHOA through assessment fees, and partly by the City from the Urban Runoff Clean Water Fund (Fund 351). There is no impact to the General Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c), Existing Facilities, with regards to operation and maintenance of existing public or private facilities.
RECOMMENDATION
Approve the Amended and Restated Agreement between the City of Alameda and Alameda West Lagoon Homeowners Association.
Respectfully submitted,
Liam Garland, Acting Public Works Director
By,
Laurie Kozisek, Associate Civil Engineer
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Original Agreement
2. Original Amendments
3. Amended and Restated Agreement
4. Lagoon Maps