City of Albany, CA Waterfront

[Ord. #79-05; 1958 Code § 29.2]

Any development plan, lease and/or concession to be granted by the City upon lands in the Albany Waterfront Plan shall be of statewide public benefit and in full compliance with each of the following:

The Enabling Legislation;

The Environ Plan, approved in 1976 by the City, as may be modified after consultation with the Waterfront Committee, and approved by the appropriate City and other government agencies;

The City Charter, City ordinances and other local regulations, and the General Plan; and,

California statutory provision assuring balance between fish and wildlife resources and environment, nature studies, recreational activities, public navigation, fishing and selected development.

[Ord. #79-05; 1958 Code § 29.3]

All proposed development plans, leases and/or concessions for the Albany Waterfront Plan shall be awarded only after having been processed and solicited in accordance with the following:

After having consulted with the Waterfront Committee and other available persons having relevant expertise, the City Council shall cause to be prepared a form of development plan, lease and/or concession agreement and invitation to submit proposals.

The matter shall then be placed on an agenda for consideration by the City Council for approval to advertise for proposals.

Following Council approval, the invitation to submit proposals shall be advertised in the local edition of the Wall Street Journal and in appropriate local daily newspapers and trade journals as determined by the City Council, and in accordance with the notice provisions contained in Section 4.03 of the City Charter.

The invitation to submit proposals shall also be communicated to all other potentially qualified persons whose interest is then known to the City, and in accordance with the notice provisions contained in Section 4.03 of the City Charter.

Under normal circumstances, the documentation made available to each potentially qualified and interested developer, lessee, and/or concessionaire would include a statement of general information concerning the facility to be operated, a copy of the resolution of the City authorizing the solicitation proposals, the form of proposed development plan, lease and/or concessionaire agreement with the amount of rental or concessionaire's fees left blank, and a proposer's checklist. Normally each proposer will be required to provide with his or her proposal a bid bond of five hundred ($500.00) dollars, a statement of qualifications and experience, current financial statements, and such other materials as the City Council may reasonably deem relevant and appropriate.

Normally proposals will be invited on the basis of a percentage of gross income absent compelling reasons to the contrary. Proposals shall be submitted in sealed envelopes to the City Clerk and opened by a designee of the City Council in public at a time to be specified in the invitation for proposals.

Normally, no such development plan, lease and/or concession shall be awarded sooner than thirty (30) days after completion of the foregoing advertising and notification of interested parties; however, in unusual circumstances that time period may be reduced to a minimum of two (2) weeks.

Selection of the developer, lessee and/or concessionaire shall not necessarily be on the basis of the highest economic proposal, but such factors as prior experience, financial stability, special qualifications, and a proposed program to serve the public shall also be taken into consideration. The final selection shall be made by the City Council in open session at a regular or special meeting pursuant to a specific agenda item. In no event shall any proposer be discriminated against on the basis of race, religion, sex, age or national origin.

The City Council may authorize and recommend minor variations from the foregoing procedures and requirements as reasonably dictated by current market and special conditions, not involving any policy change, reduction of public notice, conflict with the public trust, Enabling Legislation, or Land Use Plan unless first submitted to and approved by the State Lands Commission pursuant to Section 5 of Chapter 211 of the Statutes of 1919.