Title
Final Passage of Ordinance Authorizing the City Manager to Execute Lease Amendments for Rent Relief Program with Pacific Pinball Museum and Wonky Kitchen via the Non-Profit Spirits Alley Program for Rent Relief in Response to the Covid-19 Pandemic. (Community Development 858)
Body
The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
<https://alameda.legistar.com/LegislationDetail.aspx?ID=4711762&GUID=775DB420-9985-43C0-AF74-0742341FFD81&Options=&Search=&FullText=1>
CITY OF ALAMEDA ORDINANCE NO.
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AMENDMENTS FOR RENT RELIEF PROGRAM WITH PACIFIC PINBALL MUSEUM AND WONKY KITCHEN VIA THE NON-PROFIT SPIRITS ALLEY PROGRAM FOR RENT RELIEF IN RESPONSE TO THE COVID-19 PANDEMIC.
WHEREAS, on March 17, 2020, the City Council of the City of Alameda (the “City Council”) adopted Resolution No. 3267, consistent with Section 3-12 of the City Charter, declaring the Covid-19 pandemic a local emergency, effective until April 7, 2020; and
WHEREAS, on April 21, 2020 the urgency measure was extended until the State’s declaration of emergency is rescinded, or sooner should it be appropriate to lift the local emergency declaration prior to State action; and
WHEREAS, on March 17, 2020 City Council approved a 60-day rent deferral program for commercial tenants of City-owned property and, on April 21, 2020, City Council approved an additional 30-day deferral to provide additional support and flexibility to tenants; and
WHEREAS, on April 21, 2020, City Council approved a COVID-19 Small Business Relief Grant Program, giving businesses City-wide an opportunity to apply for $7,500 grants, but it was identified that the program offered little relief to Alameda Point tenants, who have an average monthly rent of $20,000; and
WHEREAS, on May 19, 2020, City Council approved the Loan Conversion Program for Alameda Point tenants, which offered Alameda Point tenants, meeting certain minimum requirements, rent deferral that could be converted to a grant if certain staff-negotiated and City Manager-approved terms are met; and
WHEREAS, on October 6, 2020 Council approved the Non-profit Spirits Alley Program for Rent Relief providing additional deferred rent repayment options for non-profit and Spirits Alley tenants with the potential for of up to three (3) months of rent credit earned for early repayment, and a total program abatement sum not to exceed $400,000; and
WHEREAS, on December 1, 2020 Council approved eight (8) tenants to participate in the Non-profit Sprits Alley Program for a total potential rent abatement of $114,132;and
WHEREAS, on December 15, 2020 Council approved two (2) additional tenants to participate in the Non-profit Spirts Alley Program for additional potential rent abatement of $42,225, for a total potential rent abatement of $156,357 for ten (10) tenants to date.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that by four affirmative votes that:
Section 1. The City Manager of the City of Alameda or his designee is hereby authorized to execute for and on behalf of the City of Alameda, lease amendments that are consistent with the staff report and substantially in the form attached to the staff report, with Pacific Pinball Museum and Wonky Kitchen, subject to such technical or clarifying revisions are reasonably determined necessary by the City Manager and approved by the City Attorney, and the City Clerk is hereby authorized and directed to attest to the same.
Section 2. If any section, subsection, sentence, clause or phrase of this ordinance if, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council of the City of Alameda hereby declares that it would have passed this ordinance, and each section, subsections, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases are declared to be invalid and unconstitutional.
Section 3. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
Presiding Officer of the City Council
Attest:
Lara Weisiger, City Clerk
* * * * * *
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 a regular meeting assembled on the _____day of 2021, by the following vote to wit:
AYES: NOES: ABSENT:
ABSENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of 2021.
Lara Weisiger, City Clerk City of Alameda
APPROVED AS TO FORM:
Yibin Shen, City Attorney City of Alameda