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2009-04-21 Packet~~ a~ ~ ry 1 ~ ~, ~. ~~ ~ ~~ ~~~, ~ r q ~ q.~RRY' ~CG}f~~i' ~~,r' 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 21, X009 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 pm, City Hall, Council C~am~er~, 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. City Manager Communications 6. Agenda Items 7. Oral Communications, Non-Agenda Public Comment} 8. Council Referrals 9. Communications Communications from Council} 10. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council SPECIAL MEETING OF THE CITY COUNCIL 7:31 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda Closed Session} 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 through June 2009 as Historic Preservation Seasan. Planning and Building} 3-B. Proclamation declaring April 2009 as Fair Housing Month. Development Services} 3-C. Proclamation declaring May 2009 as Asian Pacific Heritage Month. 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 City Council Meeting held on April 1, 2009; the Special and Regular City Council Meetings held on April 7, 2009; and the Special City Council Meeting held on April 14, 2009. City Clerk} 4-B. Bills for ratification. Finance} 4-C. Recommendation to authorize the City of Alameda's continued participation in the Alameda County Lead Poisoning Prevention Program for Fiscal Year 2009-2010/2011-2012. Development Services} 4-D. Recommendation to accept $120,900 in Citizens' Option for Public Safety Program Grant funding to supplement frontline Police services. Police} 4-E. Adoption of Resolution~Authorizing the Interim City Manager to Submit an Application to Caltrans for $79,000 in Community Based Transportation Planning Grant Funds for Fiscal Year 2009-2010 to Conduct a Citywide Transportation Systems Management/Transportation Demand Management Plan, Commit $16, 000 as a Local Match Including $8, 200 in Transportation System Management Funds and for $7,800 in In-Kind Staff Support, and to Execute All Necessary Documents to Implement the Project. Public Works? 4-F. Final Passage of Ordinance Approving and Authorizing the City Manager to Negotiate and Execute a Second Amendment to Modify and Extend the Franchise Agreement with Alameda County Industries AR, Inc. Public Works} 4--G. Final Passage Amending the Alameda Municipal Code by Amending Various Sections of Chapter xXI Solid Waste and Recycling} to Clarify the Definition of Customer and Customer Responsibilities. Public Works} 5. CITY MANAGER COMMUNICATIONS Communications from City Manager} 5-A. Financial "State of the City" 5-B. Information Technology Report 5-C. Mif Albright Course Update 6. REGULAR AGENDA ITEMS 6-A. Adoption of Resolutions Appointing Dean Batchelor as a Member of the Civil Service Board and Dennis H. Viehweg as a Member of the Economic Development Commission. ~-B. Recommendation to request staff to prepare a report on the effect of the proposed Alameda Point Development initiative measure pursuant to Election Code Section 9212 and designate a response date. Development Services} 7. 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 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 8--A. Consider the formation of a Sunshine Community Task Force. ~Councilmember Tam} 9. COUNCIL COMMUNICATIONS Communications from Council} Councilmembers can address any matter, including reporting on any Conferences or meetings attended 9--A. Consideration of Mayor's nominations for appointment to the Youth Commission. 10. ADJOURNMENT -- City Council *** • Materials related to an item on the agenda are available for public inspection in the City Clerk's Office, City Hall, Room 380, during normal business hours • 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 wheelcr~airs, 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 r SS ~r~ a ~ ~1 ~~~ ~~~ ~ CITY ~F ALAMEDA • CALIF ~ ~~~~ ~~~ ~.x ~ ~ R N I A ~~ ~a ~~~.~~ ~ fi~ ~~~ 4~ ~~r~~~~?(~~ SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - APRIL 21, 2009 - - - 7;31 P.M. Time: Tuesday, April 21, 2009 7;31 p.m. Place : Cit Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. 71 .-r n r, r] -, . 1. Roll Call - City Council 2. Public Comment on Agenda Items Only Anyone Dishing 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 ~]ITH LABOR NEGOTIATQRS Agency Negotiators; Craig Jory and Human Resources Director Employee Organizations: All Bargaining Units 4. Announcement of Action Taken in Closed Session, if any 5. Adjournment - City Council r..q verly o , Mayor Proclamation tiV~f ~R~~4S, historic preservation is an effective tool for revitalizin g neighborhoods, fostering local pride, and maintaining community character; and 1~V~~R~~45, we highlight the role of history in our lives b reservin the YP g tangible aspects of our architectural heritage; and w~~R~~4S, Alameda is architecturally and historically robust with over X0,000 buildings constructed prior. ~o X940; and w ~ ~~ ~ ~~ ~ ~ : ~~~~ - ~ ~ ~~ ~ R S, this le ac _w~~ ~~~~ ~be. :roudl :celebrated with slide shows g. Y p Y , tours, awa~d~~; and.a`~ew exhibit at the M~e-`~~:e~s;;House; and -,,. Y~ - ,, . ~ - ~. ~:;~_~ ~1~f~R~~4S, two of the''~~`scheduledevents .are the 1~ ,annual; Tads & een V~ctorxa exhibit~~ ar - the-:~::.Alameda Museum, ~ and ~ the :1~2~~. ~ ~A~nnual Preservation Awards ~ presented .by the Alameda Arc~utectura~; :Preservation Socie ; . ~ tY and . ~ ~ ~ .: ~ ~: 1~J~~R~,4S, most ~ munici alines - ~ ~desi ate Ma ~ ~ ~ as the Historic p ~ Y Preservation month, but Alameda has expanded tie month into Historic P~reservatxon Season; and ; W~f ~R~fIS, Historic Preservation Season is sponsored by the Historical Advisory Board of the City : of Alameda, the Alameda Architectural Preservation Society, the Alameda Association ~~ of Realtors, the Alameda Museum, the Alameda Sun, the Chamber of Commerce, the Greater Alameda Business Association, the National Trust for Historic Preservation, the Park Street Business Association, and the west Alameda Business Association. NOW, ~f~R~~OR~, B~ IT R~SOLVf~, that I, Beverly j. Johnson, Mayor of the City of Alameda, do hereby proclaim April through June 2009, as ~trsrotzrc ~z~sfRVarroN s~asoN and call upon thy, people of Alameda to join their fellow citizens across the United States in recognizing and participating in the many events during this special observance. B r . Jo on City Council a or Agenda Item #3-A 04-2'I-D9 Proclamation ~U~~l~~~S, the Ci of Alameda is committed to addressin the ri hts of all ~' g g citizens to have access to fair housing; and 1~1~{~~~~lS, Aril 11, 2009, rr~arks the 41st anniversar of the enactment of the p y 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 ~ ~ ~ . 1~1~~R~~[S, California State lairalso ratects a ~, ~ ~ainst:discrimination in housin p -g g based on~ marita~~ status, a e, sexual- ~or~ntatlon, source of income or -. ~ r any arbitrary ~f aetar; and 1~1~f ~~~~5, the Ci Council has declaredthe Alameda abate-free ci reflectin tY ty, g the value this communi laces on a ual o ortuni for all, tY p q PP tY including non-discrimination in housin :; and g 1~1~f ~~~~5, the Ci of Alameda, in artnershi with Eden Council for Ho e and tY p P p opportunity ~ECHQ~, works to affirrnativel further fair housin and _ Y g opportunities in housing f or all; and 1~1~-f ~~~~5, in order to hei hten ublic awareness, the Ci of Alameda wishes to g p ty focus public attention on Fair Housing Month; and tiU~~~~~lS, the Ci of Alameda encoura es all residents and communi ~' g tY 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. 1VOIN, T'}f ~R~~OR~, 3~ I r Z~SO LV~~, that I, Beverly j. Johnson, Mayor of the City of Alameda, do hereby proclaim Apri12009 as ~adr }f ow~iv~,~ Mo nt3v in the City of Alameda and encourage all residents and community organizations to celebrate the value of harm sand diverse communities of neighbors. B e jo son . City Council °r Agenda Item #3-B 04-Z'I -09 Proclamation 1N~~R~~4S, under a joint U.S. Con ressional resolution in X978, the month of Ma was g Y designated as Asian Pacific Heritage Month; and 1~~~R~~4S the first 10 da s of NIa ' y ; , y were chosen to coincide with two unportant milestones in Asian Pac~ifc.A~m_ercar_~hst_or :~ the arrival in the United States ofthe - first ~Japanes~ :u~m~ ~ pan#s,~ o~ ~~-NIa~:~~7, `1$~~'~;' and the contributions of Chinese . ~Y~ ~~.: _ .~ ., workers,to~:~le~~bi~;i~dirig~~:of~~the t~aris:~oi~tirienfi`al railroad, which was com leted on . !~. ~ ~ W~~R ~4S , - .. - . Amen .:.:'~;:.~~ -~~ : ~ :. ~ -~ -~~.. ~ ~ ; .. . ~c.aris~'who.~.: trace ~,~~e1r~ ancest~y:~~,~#o;; ~ A~s~a~:. and the . Pacific Islands have ~ ~ .:, : ,... ,~:~ . , ... ,...;.:~~ ~ r;:: : ~ ~~`?and ~ .'~ ~on~rlbut~ ~. ~ ~ e~~=much' o~ tk~i~~~na#ion and to: Alameda, . hJ~~R~~ S, . ~ 'ari ~ :.C`f ~~~ ;Americaris~:~a1 ~.~ , : , . ~, :~- . -:...: . . ,. . Asp ~ ~ Pa r c ~ ve`-made the ~c~urt:~ ~~and~ ci . bitter with th . ~ .. ~ .. , ..~?' . . tY.. ezr talents, hard ~~o~rk diverse ~of cultural traditions, , lan . a~. `es, .and: faiths ~ and ~ R~~4S, .. the richness :.of Asian Pae~c ,cultures enhances the total. American a Hence and ~. ,. . ~ ~ _ contr~butes ao,~le country.°s~~and city s legacy of d~we~sx~y; and .,,. ~ . S, the Buena. Vista United Methodist Church is ~ahe oldest' can re ation servin the -- - ... g g g Asian Pac' ~'~c f slander community in Alameda, be' .innin its service to a anese - g g Jp imnv.grants in ~898;~ and. _ ~~ ~ w~f ~R~~4S, ~; . Alameda continues to row -in .its diversi -~~ of Asi - g ty an Pacific Islanders and continues to maintain a rich history of contributions from these communities. .~ . Haws T ~f~R~~d R~, ~~ X~ R~Snl.1~~, that I, Beverl . ohnson Ma or of the Ci of Alame YJ j y ty da, do hereby proclaim May 2009 as +4 a+.a.vv ~acf.~'icr if eritag~e. M ovitli. in the City of Alameda and recognize the recent successful celebration of the "Year of the 0x" at the Lunar New Year festival at Harbor Bay Landing on March 7, 2009, organized by the Harbor Bay Intercultural Committee, I congratulate Buena Vista United Methodist Church as it celebrates its S rin Festival p g Bazaar on May 3, 2009, under the theme "Celebrating Asian Pacific Islander Heritage." I further call upon the residents of Alameda to learn more about the history and rich contributions of all Asian Pacific Islanders during Asian Pacific Islander Heritage Month. e . Jo son Y°r ~ ~ City Council Agenda Item #3-C 04-~ 1-09 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING WEDNESDAY-- --APRIL 1, 2009- -7:01 P.M. Mayor Johnson convened the Special Meeting at 9:17 p.m. Roll Call - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. Absent: None. X09-1257 Recommendation to approve Agreement appointing Ann Marie Gallant as Interim City Manager. The Human Resources Director gave a brief presentation. Councilmember Matarrese inquired whether there is no overlap between the proposed Contract and the existing Interim Finance Director Contract. The Human Resources Director responded in the affirmative; stated the Interim Finance Director Contract ends the day the proposed Contract is accepted. The Assistant City Attorney stated the Contract includes language about "consolidating departments as deemed necessary and appropriate;" suggested Council add the phrase "consistent with the City Charter and Alameda Municipal Code" following said language; stated the Charter has a provision that departments shall be established by ordinance, which puts authority under the Council; the City has such an ordinance; the ordinance would have to be revised if the number of departments were reduced or if departments were combined. The Human Resources Director stated the Contract could be changed. Vice Mayor deHaan moved approval of the Contract, including the proposed language. Vice Mayor deHaan stated it was a delight to see such supportive references regarding Ms. Gallant's leadership capabilities; that he has not seen that many positive references before; that he looks forward to working with Ms. Gallant. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Gilmore stated that she has found the Interim Finance Director direct, capable and competent; Ms. Special Meeting Alameda City Council Apxil 1, 2aag Gallant has done a phenomenal job and has made great strides at making the budget more transparent; however, she will nat support the motion; the decision is not fiscally responsible; the City has not done salary comparisons; the previous City Manager's Contract, which was done almost four years ago, was used'; in a time of increasing budget crisis, the budget allocation for the City Manager position would be increased by over $75,000 in the current fiscal year and $90,000 in the next fiscal year; other departments will be asked to tighten their belts and might face layoffs; a selection process was nat followed; the Contract is for a minimum of two years and allows for automatic renewal; there are no clear expectations for performance and no objectives or goals without a selection process; the last City Manager resigned over a difference in direction; the City might be on the road to repeating past mistakes; when offering a job, the Council should put a person in a position to succeed, not fail; the League of California Cities has people available to serve as interims; the Council has not done its due diligence and looked at what is in the market place; Ms. Gallant has done such a good job in putting the City on the right track to being fiscally responsible and her focus should not be diverted; in addition, the City would be looking for a new Finance Director a month or so before the budget is due. Councilmember Tam stated that she would not support the motion; that she concurs with a lot of Councilmember Gilmore's points; that she has done reference checks; references find Ms. Gallant capable and competent in the area of finance; that she agrees Ms. Gallant should be considered for the interim position, however, the ends do not justify the means; Ms. Gallant informed the subcommittee of her goals for consolidating departments, including layoffs, and looking at different aspects of fiscal sustainability; that she is not sure said goals would sustain City service levels in the long-term; a competent Finance Director is needed given the City's size and complexity; the City Manager should not serve in the role of the Finance Director; clear performance objectives have not been articulated. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers deHaan, Matarrese and Mayor Johnson - 3. Noes: Councilmembers Gilmore and Tam - 2. Vice Mayor deHaan stated that he would put in the record information on total compensation from the Public CEo Newsletter, which indicates the salary amount is well within the range far cities of similar size. Mayor Johnson stated the cost of the Interim City Manager position would not increase and would actually be going down slightly. Special Meeting Alameda City Council April 1, 2009 The Human Resources Director stated the amount would go down around $6,400. Councilmember Gilmore stated the entire amount budgeted for the position would be increased because it would stem across two people; the spending for the position would increase; some funding would be coming from another General Fund account, which she would like to discuss when the Council addresses the budget. Mayor Johnson stated that she did not want the public to think the Interim City Manager would be paid more than the previous City Manager; the City is paying a severance package pursuant to the prior City Manager's Contract; invited Ms. Gallant to comment. Ms. Gallant commended Councilmembers for taking the vote that they felt was important to them; stated working with Councilmembers on the budget and improving transparency has been wonderful and will continue; that she would speak with each Councilmember about expectations during the interim period; Councilmembers will have an opportunity to address what they would like to see accomplished; that she appreciates the support and work that has been accomplished during the last eight months. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 9:34 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 Councii 3 April 1, 2009 ' UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -APRIL 7, 2009- --7:00 P,M. Mayor Johnson convened the Special Meeting at 7:15 p.m, RQLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: X09- } Workers' Compensation Claim X54956.95}; Claimant: Corey Merrick; Agency claimed against: City of Alameda. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that the City Council received a briefing from the Risk Manager and Legal Council and gave direction regarding settlement of a Workers' Compensation Claim. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at ?:30 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 7, 209 UNAPPRQVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -APRIL 7, 2009- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:43 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS X09- } Proclamation declaring the week of April 20 through 25, 2009 as Earth Week. Mayor Johnson read and presented the proclamation to Pete Halberstadt, President of West Advertising. Mr. Halberstadt thanked Council for the proclamation; invited everyone to attend Earth Day. CONSENT CALENDAR Mayor Johnson announced that the Resolution Authorizing the Issuance of City of Alameda Taxable Retirement Funding Bonds {paragraph no. 09- ] was pulled from the Consent Calendar for discussion. Councilmember Tam moved approval of the remainder of the Consent Calendar. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote - 5. {Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ~*09- } Minutes of the Special City Council Meeting, the Special Joint City Council and CIC Meeting and the Regular City Council Meeting held on March 17, 2009; and the Special City Council Meeting held on March 24, 2009. Approved. ~ *09- } Ratified bills in the amount of $3, 861, 742.66. ~*09- } Recommendation to accept the work of Chrisp Company for Annual Striping, Phase 6, No. P.W. 10-07-31. Accepted. Regular Meeting A~.ameda City Council 1 Aprii 7, 20Q9 X09- 7 Resolution No. 14319, "Authorizing the Issuance of City of Alameda Taxable Retirement Funding Bonds; Authorizing the Execution and Delivery of an Indenture and a Trust Agreement; and Authorizing Commencement of a Validation Action Relating Thereto and Approving other Matters Relating Thereto." Adopted. Councilmember Gilmore requested staff to review the matter for the public. The Interim City Manager gave a brief presentation. Vice Mayor deHaan inquired when 1079 and 1082 Plans would retire, to which the Interim City Manager responded 17 or 18 years. Councilmember Tam stated the present value of unfunded accrued actuarial liability [for other Post Retirement Benefits ~oPEB7] is $74.5 million; the validation process includes an indenture with Union Bank for $22.2 million; inquired whether the amount is the present value of the 1079 and 1082 Plans. The Interim City Manager responded in the affirmative; stated the indenture does not involve the $74.5 million [for oPEB]. Councilmember Tam inquired whether the City would still pay the difference between the $22.2 million and $74.5 million. The Interim City Manager responded $2.5 million is being paid on the $22.5 million and $2.l million to $2.2 million is being paid on the $74.5 million this year. Vice Mayor deHaan stated that he would like to review escalating the amount in the future. The Interim City Manager stated staff has not abandoned the idea of reviewing financing options. Councilmember Gilmore stated the City currently budgets $2.5 million for the 1079 and 1082 Plans and pays $2.1 million for the [oPEB] "pay as you go" plan; $4.6 million is paid every year on retirement benefits. The Interim City Manager stated the 1079 and 1082 Plans are pension benefits; the [oPEB] "pay as you go" cost for medical benefits would grow by approximately $300,000 to $400,000 per year. Councilmember Gilmore moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by Regular Meeting Alameda City Council 2 April 7, 2009 unanimous voice vote - 5. ~*09- ~ Resolution No. 14320, "Authorizing the Acting City Manager to Submit an Application for Measure B Paratransit Funding for Fiscal Year 2009-2010 and to Execute All Necessary Documents to Implement the Project." Adopted. ~*09- ~ Resolution No. 14321, "Authorizing the Acting City Manager to Submit a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2009/2010 Transportation Development Act, Article 3 Funding, in the Amount of $68,000 to Fund the Local Match for the~Safe Routes to School Bicycle/Pedestrian Improvement Projects and Authorize the Acting City Manager to Execute All Necessary Documents." Adopted. ~*09- ~ Ordinance No. 2992, "Amending the Alameda Municipal Code by Adding Section 24-10 Cost Recovery for Recurring Calls for Service to Respond to and/or Abate Properties Due to Specified Conditions or Owner Neglects to Chapter XXIV Public Health." Finally passed. CITY MANAGER COMMUNICATIONS X09- 7 Mayor Johnson welcomed Interim City Manager Ann Marie Gallant. X09- ~ The Fire Chief discussed the recent fire at the Old Navy Hospital and Supply Depot. Vice Mayor deHaan stated the community has concerns regarding the ashes; requested an analysis be completed. The Fire Chief stated that the Bay Area Air Quality Management District ~BAAQMD7 sampled the air and did not find any asbestos or lead in the air; debris has not been sampled; asbestos is not airborne, does not burn, and is not in the smoke. Councilmember Tam inquired whether the BAAQMD or County Health Department could post the results. The Fire Chief responded that he would consult with the BAAQMD; stated BAAQMD furnished raw data but the data was not interpreted. Councilmember Tam stated posting results would be helpful for the sake of disclosure. The Fire Chief noted the City watch system needs to be updated. Regular Meeting Alameda City Council 3 April 7, 209 Mayor Johnson inquired whether the City pays for the system, to which the Fire Chief responded the City owns the software. The Interim City Manager stated staff would evaluate whether the system is worth upgrading. Vice Mayor deHaan inquired whether warning sirens are available for certain areas. The Fire Chief responded sirens can be individually activated, but were not activated. Vice Mayor deHaan inquired whether activation could be considered in the future, to which the Fire Chief responded in the affirmative. REGULAR AGENDA ITEMS X09- ~ Public Hearing to consider Resolution No. 14322, "Establishing Integrated waste Collection Ceiling Rates and Services for Rate Period 8 July 2009 to June 20107." Adopted; X09- A7 Introduction of ordinance Approving and Authorizing the City Manager to Negotiate and Execute a Second Amendment to Modify and Extend the Franchise Agreement with Alameda County Industries, Inc. Introduced; and X09- B7 Introduction of Ordinance Amending the Alameda Municipal Code by Amending Various Sections of Chapter x~I Solid Waste and Recycling to Clarify the Definition of Customer and Customer Responsibilities and Allocate $1,052,059 from the City Waste Management Program Fund Fund 274.1. Introduced. The Interim City Manager and Public Works Director gave a brief presentation. Councilmember Matarrese inquired whether the advanced payment is not coming from a non-General Fund set aside fund specifically for the Waste Management Program Fund, to which the Public Works Director responded in the affirmative. Councilmember Matarrese inquired whether the fund is dedicated to funding the liability and the City is just being asked to fund the liability earlier, to which the Public Works Director responded in the affirmative. Vice Mayor deHaan inquired whether Alameda County Industries ~ACI~ was in jeopardy of closing. Regular Meeting Alameda City Council 4 April 7, 2009 Louie Pellegrinni, ACI Vice President, responded the catastrophic events in the worldwide meltdown of commodity values affected ACI; stated 100 of the company's revenue disappeared the first week of November; ACI could not meet bank covenants and was in jeopardy of defaulting on loans; ACI had to restructure debt payments and rate relief to make up for the commodities value shortfall; the commodities value was previously offsetting the costs of providing service; recyclable materials could and have ended up in the landfill because there is no market; ACI was in jeopardy of closing. Vice Mayor deHaan inquired whether certain commodities are difficult to get rid of. Mr. Pellegrinni responded 700 of commodities are moving; stated high value plastics are moving; lower value plastics have always been a questionable commodity; value has dropped 500; diversion goals are being met. Vice Mayor deHaan inquired whether other cities are facing similar situations, to which Mr. Pellegrinni responded in the affirmative. Vice Mayor deHaan stated the proposed Agreement extends to 2022; inquired whether the proposed Agreement provides latitude for when the market recovers and is best for the City. The Interim City Manager responded small haulers operate by margins of 5 to 15a profit; stated large carriers operate by a margin of 25 to 35o profit; small and medium size haulers are affected by the decline in recyclables; small haulers should remain in the market for competition; that she thinks the proposed extension is good for both parties. Vice Mayor deHaan stated the City contracted with Waste Management to dispose of green waste; inquired whether ACI is still contemplating taking over the operation. Mr. Pellegrinni responded a third party processor accepts organic materials; stated the County is looking at a processing facility; the City has the right to redirect the material to an in-County facility. Councilmember Gilmore stated an incredible amount of work, effort and time went into the proposed Agreement; the proposed Agreement allows for working with owners of multi-family units; most resident complaints are about the number of bins on the street which crowd sidewalks; using larger bins would results in getting back parking spaces. Regular Meeting Alameda City Council 5 April 7, 2009 Proponents ~In favor of staff recommendation: Robb Ratto, Park Street Business Association; Marilyn Schumacher, Alameda. Councilmember Tam stated the extension ensures competition, which keeps ratepayers from being at the mercy of one monopoly; Alameda has the highest recycling rate; the City would get 750 of revenues if the rate goes above $80 per ton, which puts a cap on future profitability. Councilmember Tam moved approval of the staff recommendation. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated the benefit of extending the term to 2022 allows for alternative fuel vehicles and allows potential for capturing future profit sharing when the market recovers; ACI is a leader in recycling and providing direct service. Councilmember Gilmore stated ACI does not have a seat at the bargaining table; bargaining is handled through Waste Management; ACI has a "me too" clause and is required to follow whatever Waste Management negotiates. Councilmember Matarrese stated Local 70 sets the prevailing wage for garbage haulers because Waste Management is the prevailing provider. Councilmember Gilmore stated the City has always had a policy of encouraging contractors to pay prevailing wage. On the call for the question, the motion carried by unanimous voice vote - 5. Vice Mayor deHaan inquired whether ACI's facility is still open to the public, to which Mr. Pellegrinni responded in the affirmative. X09- 7 Discussion of alternative uses for the Mif Albright Golf Course and presentation by Kemper Sports Management. Mayor Johnson stated that matter is on the agenda for discussion only, not action. The Acting Golf Manager gave a brief presentation. Jim Stegall, Kemper Sports Executive Vice President of Operations, gave a Power Point presentation. Regular Meeting Alameda City Council April 7, 2009 Vice Mayor deHaan inquired whether tonight's presentation was presented to the Golf Commission, to which Mr. Stegall responded in the negative. Mayor Johnson recognized the Alameda High Girl's Golf team and Coach Burnett, who introduced the members of the team. Speakers: Grace Na, Alameda High School; Sharon Nam, Alameda High School; Gina Kabasakalis, Alameda High School; Stephen Burnett, Alameda High School Golf Coach;Carlos Briones, Junior Golf; Derek Schediker, Alameda; John Kabasakalis, Alameda; Joe A. Williams, Alameda; George Humphreys, Alameda; James D. Leach, Chuck Corica Senior Men's Club; John Childs, Alameda Junior Golf; Horst Breuer, Alameda; Shawn Shelby, Alameda; Ronald Cooper, Alameda; Robert Sullwold, Alameda; Jane Sullwold, Alameda Golf Commission; Ron Salsig; Norma Arnerich, Alameda; Jim Strehlow, Alameda; Christopher Seiwald, Alameda Soccer club; Joe Van Winkle, Alameda. Vice Mayor deHaan inquired whether Mr. Van Winkle' s proposal was presented to anyone else, to which Mr. Van Winkle responded the proposal was presented to the Golf Commission. Vice Mayor deHaan inquired whether the Golf Commission has had the opportunity to review the proposal in depth. Ms. Sullwold responded the proposal was put together quickly; stated the Golf Commission is solidly behind the proposal. Vice Mayor deHaan stated the proposed approach is not novel. Mayor Johnson suggested that Mr. Van Winkle work with staff. Vice Mayor deHaan stated staff should actively pursue looking at reactivating the Golf Course well; the Mif Albright Golf Course needs to open as soon as possible; the Mif Albright Golf Course was never meant to be a stand-alone course; Mr. Van Winkle's proposal should be reviewed; that he does not want to miss an opportunity by over studying the matter; that he hopes Kemper Sports will be involved; commended Kemper Sports for bringing new quality to the Golf Course. Councilmember Gilmore thanked everyone who spoke so passionately about the matter; stated the City has to look at all options, including Mr. Van Winkle's proposal; Kemper Sports indicated that there has been a decline in rounds and discussed evaluating the feasibility of reconfiguring and renovating to meet all of Alameda's golf needs; inquired whether consideration has been given Regular Meeting Alameda City Council Aprzl 7, 20Q9 to having a facility where children can learn to play golf. Mr. Stegall responded there are a number of options. Councilmember Gilmore stated that she would not pre-judge the proposed plan' s viability; that she wants as much information as possible. Mr. Stegall stated that he would be happy to review Mr. Van Winkle's proposal. Councilmember Tam inquired how much the review would cost. Mr. Stegall responded that there would not be a cost to review the proposal and provide an option. Councilmember Tam stated water is a big issue; 9~o of the water is imported from the Sierras; inquired whether Mr. Stegall would be able to provide information on how much East Bay Municipal Utility District ~EBMUD~ would charge for separating out the Mif Albright Course meter and for providing a utility and maintenance cost assessment. Mr. Stegall responded that he would be happy to help obtain information. Councilmember Matarrese stated that he wants to ensure that the Golf Commission evaluates the matter so that a study and official opinion can be provided to Council; a lot of decisions have been made based on numbers that continue to be challenged for accuracy and relevance; requested that staff ensure numbers are accurate. Vice Mayor deHaan inquired whether evaluation is part of Kemper Sport's Contract. Mr. Stegall responded the scope of service is to operate the Golf Course. Mayor Johnson stated that she took a tour of the Golf Course; the Golf course is looking very good; golfers are complimenting Kemper Sports and the attention being given to detail; more needs to be done, especially capital improvements; Council agrees that everyone needs to be accommodated at the Golf course. Vice Mayor deHaan stated Mr. Van Winkle's self--sustaining proposal should be pursued with some input from Kemper Sports and overview from the Golf Commission. Regular Meeting Alameda City Council April 7, 2QQ9 Mayor Johnson stated that she wants to ensure that options are not limited; concurred with Councilmember Gilmore's comments regarding reviewing all options. The Interim City Manager stated staff would need thirty days to go through the process with the Golf Commission, work with Kemper Sports, and consider options. X49- ~ Update on federal funding for City projects. The Deputy City Manager gave a brief presentation. Mayor Johnson inquired whether the Association of Bay Area Governments ~ABAG~ and Alameda County Waste Management Authority ~WMA} are look at applying for energy efficiency block grants as a region. The Deputy City Manager responded that she heard about WMA's plans and would check with ABAG; stated larger agencies want to tap into formula funds for bigger projects. Councilmember Matarrese thanked staff for the comprehensive report; stated that he is happy that the City is keeping track of projects; inquired why the City would borrow money for sewer projects when the Sewer Fund is robust. The Public Works Director stated some loans could be Oa or to interest and the City can earn 3o interest. Mayor Johnson stated that having an increase in Community Development Block Grant funding is nice. ORAL COMMUNICATIONS, NON-AGENDA X09- 7 Kent Lewandowski, Sierra Club, submitted letter; addressed the Sierra Club's concerns regarding SunCal's development proposal. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS ~~9- 7 Consideration of Mayor's nomination for appointment to the Civil Service Board and Economic Development Commission. Nominated Dean Batchelor as a member of the Civil Service Board and Dennis H. ~Tiehweg as a member of the Economic Development Regular Meeting Alameda City Council 9 April 7, 2009 Commission. X09- } Councilmember Tam stated that she attended the League of California Cities ~LCC} Meeting on April 3; most of the focus was on three bills surrounding the use of plastic bags and proposed $0.25 charge; revenues from the fee would be used to promote recycling and pay for liter clean up; San Francisco and Oakland representatives were the most vocal about the initiative; Councilmember Jean Quan stated San Francisco banned Styrofoam and plastic bags, imposed a fee, and were not sued; Oakland banned both and were sued; manufacturers launched the lawsuit stating that a California Environmental Quality Act ~CEQA} Environmental Impact Report HEIR} is needed to impose the fee and ban plastic bags; Oakland advised an EIR would cost approximately $500,000; discussions involved looking for a way to adjust CEQA to exempt the ban; a city cannot exempt itself from State law; the League of California Cities received a letter from the Governor asking for support on six May 19 ballot measures; the Revenue and Taxation Policy Committee recommended supporting Proposition lA. The Deputy City Manager stated the LCC Board recommends supporting Propositions 1A through 1F, which includes the pay raise issue. Mayor Johnson stated that Oakland is thinking about doing a model EIR that other cities could use. X09- } Vice Mayor deHaan stated initiative circulators are over- exaggerating the reason for signing the SunCal petition; that he interviewed six circulators; all had a common thread of stating that people need to sign because the Base needs to be cleaned up and the Navy would not clean up; circulators are stating that they want to take the process away from the City Council and that the proposed plan is the only plan that would provide the required 150 set aside; the City's name is being used as a supporter and partner; the issue should stand by itself [without using the City's name ] . ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 11:05 p.m. Respectfully submitted, Lora Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council. 1 0 April 7, 2009 UNAPPROVED SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA} AND COMMUNITY IMPROVEMENT COMMISSION ~CIC} MEETING TUESDAY- -APRIL 14, 2009-- -6:00 P.M. Mayor/Chair Johnson convened the Special Meeting at 6:15 p.m. ROLL CALL - Present: Councilmembers/Board Members/Commissioners deHaan, Gilmore, Matarrese, Tam and Mayor/Chair Johnson - 5. [Note: Councilmember/Board Member/Commissioner Matarrese was present via teleconference from Hilton Cologne, Marzellenstrasse 13-17, Cologne DE] Absent: None. The Special Meeting was adjourned to Closed Session to consider: X09- CC/09- CIC} Conference with Legal Counsel - Existing Litigation X54956.9}; Name of Case: Altes v. City of Alameda and Community Improvement Commission. X09- CC/ARRA/09- CIC} Conference with Real Property Negotiators X54956.8}; Property: Alameda Point; Negotiating parties: City Council/ARRA/CIC/SunCal; Under negotiations: Price and terms. Following the Closed Session, the Special Joint Meeting was reconvened and Mayor/Chair Johnson announced that regarding Existing Litigation, the Council/Commission approved a settlement agreement; the settlement of $540,DD0 is full settlement of all matters in dispute, inclusive of attorney's fees and costs; a copy of the settlement agreement is available for review in the City Clerk's office; regarding Real Property, the Council/Board/Commission received a briefing from its Real Property Negotiator and provided direction for negotiating parameters. Adjournment There being no further business, Mayor/Chair Johnson adjourned the Special Joint Meeting at 7:50 p.m. Respectfully submitted, Lora Weisiger, City Clerk Secretary, Community Improvement Commission Agenda for meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission April 14, 2009 CITY ~F ALAMEDA Memorandum To: Honorable Mayor and Members of the Ci#y Council From: Ann Marie Gallant Interim Finance Director Date: April 16, 20D9 Re: List of Warrants for Ratification This is to certify that the claims listed on the attached 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 ~ Amount 218696 - 219087 $1,109,872.91 V18582 - V18724 $100,72fi.73 EFT 667 $206,792.15 EFT 668 $84,012.74 EFT 669 $7,993.5D EFT 670 $93,827.82 Void Checks: 218696 x$373.75} 21763D x$1,015.29} 218150 x$422.45} 217735 x$619.52} 218542 x$3,882.55} GRAND TOTAL $1,596,912.29 Respectfuily submitted, Interim Finance Director s BILLS #4-B Council Warrants 04/21/09 4/21/2409 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: April 21, 2009 Re: Authorize the City of Alameda's Continued Participation in the Alameda County Lead Poisoning Prevention Program for FY 09-101FY 11-12 BACKGROUND The Alameda County Lead Poisoning Prevention Program ACLPPP} is a Joint Powers Authority to which the Cities of Alameda, Berkeley, Emeryville, and Oakland belong. The Joint Powers Authority was formed in 1991 to deal with what public health off cials say is the number one environmental threat to children. It is estimated that one out of nine children under age six has enough lead in hislher blood to be considered at risk. The Joint Powers Authority is governed by a board of directors, which is comprised of representatives of the four cities, a member of the County Board of Supervisors, and a community representative, and meets monthly. Mayor Johnson serves as the City of Alameda's representative to the Joint Powers Authority Board of Directors. The ACLPPP's primary mission is to prevent childhood lead poisoning by educating the public, identifying and assisting lead-poisoned children, and reducing and abating lead hazards. The program is funded by an annual fee of $10 per residential unit constructed before 1918; the ACLPPP received approximately $620,849 in fees from Alameda property owners during the last three fiscal years. These funds have been leveraged into the receipt of more than $615,429 in State and Federal funding, fvr a total of $1,295,838 in services to Alameda properties over this same three-year period. DISCUSSION In the attached report, ACLPPP highlights a number of activities that occurred during the past three fiscal years, and addresses potential areas for continued collaboration in the coming period. In the past three years, as part of ACLPPP's Department of Housing and Urban Development THUD} Round 13 Primary Prevention effort, the City of Alameda was able to safely renovate 32 residential units. in a recent action, the City Council authorized the City's partnership with the ACLPPP in HUD Round 16 lead hazard control grant funds to remediate an additional 25 units. City Council Agenda Item #4-C 04-21.09 Honorable Mayor and April 21, 2009 Members of the City Council Page 2 of 3 In the last three years, Development Services Department DSD} staff have been accountable for the initial assessment, project design and monitoring of HUD-funded lead hazard remediation activities in the city. In addition to the abatement of lead-based paint ~LBP} hazards in the HUD grant units within Alameda, other non-eligible units have been assisted for compliance with Federal lead regulations as a part of Community Development Block Grant ~CDBG} funding requirements. DSD staff has taken the lead as the City's in-house consultant and resource contact for construction projects involving lead-based paint. Additionally, since the 2005 change in Title 17 lead regulations, staff has coordinated Building Services and Fire Prevention's response to lead hazard complaints from residents as well as proactively increased awareness and compliance by property owners and contractors with State regulations protecting residents from the dangers of lead poisoning. ACLPPP has been invaluable in their assistance, helping ACLPPP, Building Services, and Fire Prevention staff meld their response to best protect Alameda residents. Alameda is the ideal training ground for lead-related construction and hazard remediation activities because more than 64 percent of the existing housing stack on the main island was constructed prior to 1950. The majority of the older housing is large Victorian structures with aging paint and structural systems. In addition, remodeling efforts involving a significant number of these buildings present the chance of lead-paint exposure. DSD staff maintains California lead certifications through numerous Continuing Education offerings. ACLPPP provided services that assisted property owners in the reduction of lead hazards and the prevention of childhood lead poisoning. ACLPPP also offers consultations and property owner awareness and education activities. These activities included 114 on-site evaluations andlor distribution of lead test sampling kits; seven lead-safe home renovation classes; 24 homeowner awareness presentationslevents; hardware store outreach; and media-related outreach. In promoting these services, staff from ACLPPP successfully collaborated with many Alameda neighborhood associations, hardware stores, libraries, and various City departments. During the last fiscal year, approximately l4 Alamedans utilized the ACLPPP's information line, and 24 households used the loaner High Efficiency Particulate Air ~HEPA} vacuums to do lead-safe clean-up projects. In becoming part of the Joint Powers Authority, the City committed itself to participation for three years. In 1991, 2000, 2003, and again in 2006, the City renewed its participation for an additional three years. FINANCIAL IMPACT This program is funded by a fee from pre-1918 built homes and by State and Federal grants. No impact to any City fund is anticipated. REC4MMENDATIaN Authorize the City of Alameda's continued participation in the Alameda County Lead Poisoning Prevention Program for FY 09-101FY 11-12. Honorable Mayor and Members of the City Council Resp~ctf submitted, ,.._. Leslie A. Little Development Services Director By: Dorene E. Soto Manager, Business Development Division By: Miriam Delagrange Development Manager AMGILALIDESIMD:rv April 2~ , 2009 Page 3 of 3 Attachment: ~ . Alameda County Leaaf Poisoning Prevention Program - City of Alamea~a Reporf Table of Contents 1. overview ............................................................................................ Page 2, Program Accomplishments ................................................................ Page 1 3. Activities and Services ....................................................................... Page 3 4. Education & outreach ........................................................ . ...............Page 3 5. Lead Safe Work Practices Training ................................................... Page 4 b..Lead Poisoned Children ..................................................................... Page 5 7.Lead Hazard Control Grants ............................................................... Page 5 B.Healthy Housing .................................................................................. Page ~ ALAMEDA COUNTY LEAD POISONING PREVENTION PROGRAM City of Alameda's Continued Participation in the Alameda County Lead Poisoning Prevention Program UVERVIEw The City of Alameda's housing stock presents a particular lead risk to its residents with more than 16,000 housing units built before 19b0, when lead-based paint was widely used. Mare than 70 % of all housing units in Alameda were built before lead was banned for residential use by the Consumer Products Safety Commission in 1978. Approximately 5,800 of Alameda's children are under the age of six, and therefore most at-risk for lead poisoning, On October 15,1991, the Alameda City Council formally joined the County Service Area (CSA} of the Alameda County Lead Abatement District, ether participating cities in the CSA include Berkeley, Emeryville, and Dakland. The $10 CSA fee for each pre-1978 residential unit was established to fund the program in 1992. The fee has not been increased in the County Service Area's 18 year existence. Since 1992, the City of Alameda has played a crucial role in the development of the Alameda County Lead Poisoning Prevention Program ~ACLPPP} and the Joint Powers Authority ~JPA} that governs it. Presently, Mayor Beverly Johnson represents the City of Alameda on the JPA Board of Directors. The Alameda City Council has voted nine times to continue its participation in the CSA, most recently on April 4, 200b, when Alameda's participation was extended for an additional three years, PRUGRAM ACCOMPLISHMENTS July 1, 200b---June 30, 2009 Most of Alameda's historic Victorian homes have multiple layers of paint with high levels of lead. Keeping these homes maintained and using lead safe work practices when renovating is critical to preventing lead exposure. Both children, who are particularly at- risk, and adults can be exposed to high levels of lead dust during renovation activities, resulting in acute lead poisoning. The ACLPPP provides Alamedans the resources necessary to identify and safely handle lead hazards in their homes. It provides free one-on-one consultations, on-site visits, HEPA vacuums; classes in lead-safe painting; lead test kits, public awareness education, and other services to assist Alameda property owners prevent lead exposures. Since July 1, 200b, County Service Area funding has provided Alameda owners of pre- 1978 residential properties with 781n-Home Lead Consultations, 114 lead-safe painting kits, and seven lead-safe painting and remodeling classes, rt has provided lead education at 24 Alameda public events, ALAMEDA COUNTY LEAD POISONING PREVENTION PROGRAM More than 1,300 Alamedans received the ACLPPP's comprehensive Guide to Lead Safe Housing, and more than 3,500 Environmental Protection Agency booklets were made available to Alameda rental property owners for distribution to their tenants, as required by federal statute. The ACLPPP has responded to 279 information line calls, and addressed 37 unsafe renovation calls from Alameda residents. A total of 46 households have used the ACLPPP's HEPA vacuum service to clean up lead dust, Alamedans are among the more than 105,920 visitors who accessed the ACLPPP's website for information on lead poisoning and healthy housing over the last three years. Alamedans can now sign up for an In-Home Consultation or take the Lead Safe Work Practices Quiz online. Educational outreach includes all paint and hardware stores in Alameda; literature racks in libraries, municipal offices and community centers. The ACLPPP works with a number of organizations and agencies in the City of Alameda to increase lead awareness including the Alameda Youth Collaborative and Alameda Hospital. The ACLPPP has also provided training for family case workers and Head Start providers at Alameda Family Services. It also conducted parent presentations to the Rosalie Sterling Center and the Washington School Head Start Programs. And, the ACLPPP conducted two presentations on the dangers of childhood lead exposure to teenage mothers at Island High School. During the last three fiscal years, the Program has collected approximately $620,809 in fees from owners of pre-1978 residential Alameda units. These fees were used to leverage an additional $675,029, far a total of $1,295,838 in services to Alameda property owners over this same three-year period, The ACLPPP has leveraged this funding from federal, state and private foundations such as the U.S. Department of Housing and Urban Development THUD}, the California Department of Public Health, and private foundations such as the Kresge Foundation. Qn September 21, 2005, the Program was awarded its sixth HUD Lead Hazard Control grant. This grant provided lead hazard reduction services, while increasing local capacity to address lead hazards and promoting lead-safe practices. As part of these activities, the ACLPPP negotiated a contract with the City of Alameda Development Services Department, in the amount of $157,912, with $125,000, to finance lead hazard reduction in 25 units of low income housing, and $32,912 to reimburse the city for the lead evaluations and clearances it provides. Over the three-year grant period, the ACLPPP funded 38 risk assessmentlpaint inspections, and financed lead hazard control in 321ow-income housing units in the City of Alameda. Three of the units remediated were associated with lead poisoned children. 2 ALAMEDA COUNTY LEAD POISONING PREVENTION PROGRAM Also during this period, the ACLPPP's health team has provided case management and other services to 10 Alameda families with lead exposed children, In addition, under the Program's second HUD Healthy Homes Demonstration Grant, the ACLPPP conducted environmental interventions to address allergens, pests, moisture, and other asthma triggers, as well as safety issues, in five Alameda homes where a child had been diagnosed with asthma or respiratory distress, Presently, the ACLPPP is working with Alameda's Building Services and Fire Departments to develop a coordinated and effective response to the growing number of resident complaints about unsafe renovations and possible lead exposure in Alameda. Gn Goober 23, 2008, the ACLPPP was awarded its seventh HUD Lead Hazard Control Grant, The ACLPPP is continuing its close working relationship with Alameda's Development Services Department and has agreed to a three-year contract with the City of Alameda to provide financing of up to $174,772 for lead testing, lead hazard control, and associated costs, for 25 more units of low-income housing, ACTIVITIES AND SERVICES Public Education and Outreach The Program's public education and outreach activities are designed to increase awareness of the dangers of lead exposure and other housing related health hazards, and provide residents with information on haw to prevent exposure. These activities are funded by the local County Service Area ~CSA} fee, the California Department of Public Health ~DPH}, the U.S. Department of Housing and Urban Development THUD} and the Kresge Foundation. To promote public awareness about lead, healthy housing, and the Program's services, the ACLPPP utilizes media spots, distribution of literature at locations in Alameda and through participation in local events, making presentations to parent and community groups, and maintaining an interactive website, written materials are available to assist property owners, contractors and realtors in complying with Federal notification and disclosure rules for leasing, sale or renovation of pre-1978 properties. The Program website at www.aclppda.org is an important place for people to obtain information about lead poisoning prevention, program services and healthy homes, The ACLPPP regularly updates the website to make it more interactive, user-friendly, and accessible, so that people can sign up for Program services, including In-Home Consultations, classes, and trainings. In order to increase the knowledge of parents, property owners, painters, teachers and others interested in learning more about the sources of lead, how to prevent lead poisoning and creating healthy homes, the ACLPPP provides presentations to local 3 ALAMEDA COUNTY LEAD POISONING PREVENTION PROGRAM community, neighborhood, property owner and parent groups as well as medical and childcare providers, Lead safety presentations cover a range of topics including lead-safe painting and remodeling, prevention take home lead exposures for workers, and complying with lead regulations, Phone consultations are available to any Alameda resident through the Program public information line which answers questions about lead poisoning or healthy housing. Experienced, knowledgeable staff person answer a range of questions including those relating to the health effects of lead exposures, what blood lead levels mean, how to test a home or product for lead, and ways to safely remediate lead hazards. In-home lead consultations are available to owners of Alameda residential properties built before 1978. The consultation includes a visual survey and recommendations for addressing possible lead hazards. Property owners may also receive a lead testing kit for paint, dust, or soil and HEPA vacuums may be borrowed from the program to clean up during renovation. For callers reporting unsafe renovation activities in Alameda that affects residential or child-occupied facilities, the ACLPPP provides guidance on assessing potentially unsafe practices, educational materials and referrals, as needed, to local enforcement agencies. The ACLPPP calls property owners andlor contractors to explain the need for lead safe work practices, and, depending on the potential risk and as resources allow, visits the site to provide education to the owner or contractor. The ACLPPP shares information with the City of Alameda Building and Fire Departments to promote compliance with lead safety regulations. In the spring of 2007, the ACLPPP took the lead in organizing the Get the Lead Out Coalition of the Bay Area which consists of representatives of lead poisoning prevention agencies from 11 counties in the Greater San FranciscolGakland Bay Area. The mission of the Coalition is to eliminate lead exposure for all children affected by lead hazards in the environment by collaborating with organizations to educate, increase awareness, and affect policy change. Since inception, the Coalition has conducted three mass media campaigns on radio and television and received several grants to carry out lead poisoning prevention activities. The Program will continue working with the Get the Lead Gut Coalition to increase awareness through-out the Bay Area. Lead Safe work Practices Training The ACLPPP offers lead-safe work practices training to workers and contractors so they can ensure that children, occupants, neighbors, and workers are not exposed to lead during renovation of pre-1978 buildings. Because of funding available from the Kresge Foundation grant, for a limited time the Program will offer the HUD-EPA-approved, 1- day Lead Safety for Remodeling, Repair, and Painting at no charge to Alameda property owners, residents, and businesses, The ACLPPP offers the basic one-day training course for lead-safe work practices almost every month. The ACLPPP is also astate-accredited training provider and offers the three-day Worker and two-day Supplemental SupervisorlProject Monitor courses that are 4 ALAMEDA COUNTY LEAD POISONING PREVENTION PROGRAM pre-requisites for certification in those disciplines. In response to new federal regulations, the Program will apply to EPA for accreditation as a provider of the Lead Sae or Renovation Re air and ~aintin course required for certified renovators under the new law. Lead Poisoned Children The California Department of Public Health-Childhood Lead Poisoning Prevention Branch ~DPH-CLPPB} funds comprehensive services to ensure that children at risk for lead poisoning receive blood lead testing, and that those identified with lead poisoning receive the necessary services to address the health and housing issues responsible for lead exposure, One of the Program's primary functions is the early identification of children exposed to lead through lead screening or testing so the Program reaches out to families and medical providers to encourage blood lead screening as well as collaborating with other government, community, andlor health care agencies and programs to increase lead screening of children at risk. An annual "Lead Poisoning Update" goes to medical providers and special emphasis is placed on reaching high risk populations, including participants in Head Start and WIC. The ACLPPP strives to intervene early when a child has been identified as lead exposed, The Program offers an array of services to children identified with lead in their blood and their families. The type of service provided is determined by the levels of lead found in the blood. Public health nursing case management is provided to families of children with blood lead levels greater than 15 micrograms per deciliter. The Program coordinates with the primary care provider, provides comprehensive health assessments and individual care plans, and facilitates linkages to educational, community, health, and social resources. An environmental investigation is performed and when property-related hazards are identified, the Program's housing professionals provide technical assistance to the occupants and property owners to ensure lead hazards are remediated in a lead-safe and timely manner and refer properties to Environmental Health for compliance when required timeframes are not met. An educational home visit is provided to families of children with blood lead levels of 10-14 micrograms per deciliter, The home visit includes a visual survey for possible lead hazards that is reviewed with the family. Follow-up blood lead levels are tracked and monitored and additional case management services are provided as needed. Lead Hazard Control As noted above, the ACLPPP will be providing funds to assist the Development Services Department complete lead hazard control in 25 units of low-income housing under a recent HUD Lead Hazard Control Grant. The grant also supports public education, outreach, and training. 5 ALAMEDA COUNTY LEAD POISONING PREVENTION PROGRAM Healthy Housing The ACLPPP will complete its second Healthy Homes Demonstration Grant from HUD's Gffice of Healthy Homes and Lead Hazard Control in Gctober of 2409. The goal of this project is to demonstrate an improvement in the health status of children and adolescents diagnosed with asthma and respiratory distress by combining education and low-cost housing intervention with concurrent medical treatment, The ACLPPP also provides training to promote safe and healthy housing, The ACLPPP provides the "Essentials of Healthy Housing -Practitioner" course to those who perform on-site residential visits, such as public health nurses, environmental health specialists, code enforcement personnel, social service providers, contractors, and public housing staff. Course attendees may also include individuals involved in advocating for safe, healthy, and affordable housing, 6 CITY GF ALAMEDA Memorandum To: Honorable, Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: April 21, 2009 Re: Accept $120,900 in Citizens' Option for Public Safety Program Grant Fundin to Su lement Frontline Police Services BACKGROUND In 1996, several Federal and State laws were enacted allowing municipalities to receive grant funding exclusively allocated for frontline police services. In California, the Citizens' Option for Public Safety COPS} Grant Program allows police agencies to supplement frontline police services, such as patrol operations, communications, criminal investigations, training, and supporting activities. Use of this grant to supplant standard operating budget expenditures or existing services is prohibited. DISCUSSION For Fiscal Year 2008-09, the City is receiving a total grant of $120,900; $60,510 has been allocated thus far; The Police Department proposes using these funds to procure or improve various unfunded technology based systems and training, thereby enhancing efficiency and effectiveness of frontline police services. Government Code Section 30061 requires the City Council to appropriate these funds for the exclusive use of supporting frontline municipal police services, in accordance with a written request by the Chief of Police, prior to utilization of the funds. FINANCIAL IMPACT The CGPS grant allocation is based on population. The grant for FY 2008-09 total $120,900, which will be appropriated in Fund 218.09 - FY OS-09 COPS Grant Fund. RECOMMENDATION Accept $120,900 in Citizens' Option for Public Safety Program grant funding to supplement frontline police services. City Council l~genda Item #4-D 04-Z1-09 Honorable Mayor and Members ofthe City Council Respectfully submitted, v`lalter B. Tibbet Chief of Police By: Michael Noonan Police Captain April 21, 2449 Page 2 of 2 Approved as to funds and account, l Amy Ho Supervising Accountant CITY ~F ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: April 21, 2009 Re: Adopt a Resolution Authorizing the Interim City Manager to Submit an Application to Caltrans for $19,000 in Community Based Transportation Planning Grant Funds for Fiscal Year 2009/2010 to Conduct a Citywide Transportation Systems ManagementlTransportation Demand Management Plan, Commit $16,000 as a Local Match Including $8,200 in Transportation Systems Management Funds and $1,500 in In-Kind Staff Support, and to Execute All Necessary Documents to Implement the Proiect BACKGRGUND The California Department of Transportation Caltrans} is accepting applications for Community Based Transportation Planning Grant funds for fisca! year 200912010. This program funds coordinated transportation and land use planning studies that encourage community involvement and partnership. For the fiscal year 2009/2010 funding cycle, Caltrans will award approximately $3 million in competitive grants to local governments throughout California, with a maximum award of $300,000 per project, and a required 20°/0 local match. For the local match, one-half may be provided by in-kind staff services, and at least one-half must be from local funding sources. Public Works staff proposes to submit an application to develop a citywide Transportation Systems ManagementlTransportation Demand Management TSMITDM} Plan, consistent with the policies of the recently adopted Transportation Element ofthe General Plan. DISCUSSION The City had previously developed a draft TSMITDM Plan, which identified a set of strategies that could be used to reduce single occupancy vehicle ~SOV} trips in West Alameda. In addition, the Transportation Commission ETC} has developed, and the City Council has accepted, draft citywide TSMITDM policies. The proposed study will develop a citywide TSMITDM Plan, which will include thefollowing: 1. Specific requirements for new developments to mitigate their traffic impacts based on an applicable nexus; City Council Report Re: Agenda item #4-E o4-2'i-o9 Honorable Mayor and Members of the City Council April 21, 2409 Page 2 of 2 2. Development of an on-going process for monitoring and evaluating the effectiveness of TSMITDM measures, and provision of additional measures should the required reductions not be achieved; 3. Development of a standardized method for calculating the appropriate financial contribution for TSMITDM fees; this may include one or more sub-area TDM plans to help address the unique conditions of different areas ~iithin Alameda; 4. Development of a TSMITDM fee collection mechanism; and 5. Integration with the County-wide TDM planning efforts. FINANCIAL IMPACT The cost of completing the citywide TSMITDM plan is estimated to be $79,440. The funds requested from the Community Based Transportation Planning grant application total $63,000, with $7,500 to be funded from in-kind staff services, and $5,200 as the local match from the City's TSM fund. Application for these funds does not require any General Fund contributions. MUNICIPAL CODEIPOLICY DOCUMENT CRGSS REFERENCE This action does not affect the Alameda Municipal Code. The TSMITDM Plan is consistent with the General Plan Transportation Element Objective: • Objective 4.1.6 ~- Increase the efficiency of the existing transportation system by emphasizing TSM strategies and TDM techniques. RECOMMENDATION Authorize the interim City Manager to submit an application to Caltrans for $79,400 in Community Based Transportation Planning Grant Funds for fiscal year 200912014 to conduct a citywide TSMITDM plan, commit $16,440 as a local match including $5,240 in TSM funds and $7,844 in in-kind staff support, and to execute all necessary documents to implement the project. Respe sub fitted, ~ -T lam" M tthew T. Naclerio Public Works Director By: Gail Payne c~ Transportation dordinator Appro ed as to funds and account, ~~ A y Ho Supervising Accountant MTN:GP:gc CITY OF ALAMEDA RESOLUTION N0. L ~ AUTHORIZE THE INTERIM CITY MANAGER TO SUBMIT AN u°. ~ APPLICATION TO CALTRANS FOR $79 000 IN COMMUNITY BA SED ° ~ TRANPORTATION PLANNING GRANT FUNDS FOR FISCAL YEAR a ° 200912010 TO CONDUCT A CITYWIDE TRANSPORTATION SYSTEMS `~ ~ MANAGEMENTITRANSPORTATION DEMAND MANAGEMENT PLAN ~ ~, ' ® COMMIT $16,000 AS A LOCAL MATCH INCLUDING $8,200 IN ~. TRANSPORTATION SYSTEMS MANAGEMENT FUNDS AND $1,800 IN ~ IN-KIND STAFF SUPPORT AND TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENTTHE PROJECT WHEREAS, the City's General Plan establishes policies de-emphasizing the use of single-occupant vehicles during peak periods; and WHEREAS, the Transportation Systems ManagementlTransportation Demand Management ~TSMJTDM} Plan is one element of the City of Alameda's Transportation Master Plan ~TMP}, a comprehensive approach to addressing the City's current and future transportation needs; and WHEREAS, the City currently requires new development west of Grand Street that significantly impacts peak hour traffic volumes in the Webster Street and Posey Tubes to provide alternatives to single-occupant vehicle travel; and WHEREAS, the City anticipates significant new development, which will impact traffic levels on the bridges and the tubes leading to and from Alameda's main island; and WHEREAS, the TSMITDM Plan will develop a framework for requiring new and in-fill development to contribute towards pra~ects and programs to reduce single-occupant vehicle travel; and WHEREAS, the City of Alameda wishes to submit a grant application to Caltrans for funds from the Community Based Transportation Planning Grant Program for a citywide TSMITDM Plan. NOW, THEREFORE, BE IT RESOLVED by the Alameda City Council that the City Manager is authorized to execute and ale an application for funding under the Community Based Transportation Planning Grant Program in the amount of $79,000 for a Citywide TSMITDM Plan; and BE IT FURTHER RESOLVED that the Alameda City Council by adopting this resolution does hereby state that the City will provide $16,000 in local matching funds and for in-kind staff support from its TSM fund allocation. ****** Resolution #4-E CC 04.2 -09 1, 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 mee#ing assembled on the 21S# day of April, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSENTI~NS: IN VvITNESS, UvHERE~F, 1 have hereunto set my hand and affixed the official seal of said City this 22na day ofAprii 2009. LaraWeisiger, City Clerk City of Alameda CITY DF ALAMEDA ORDINANCE NO. New Series L 0 ~. ~ a~ 0 ~. A 0 APPROVING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SECGND AMENDMENT TO MODIFY AND EXTEND THE FRANCHISE AGREEMENT wITH ALAMEDA COUNTY INDUSTRIES AR, INC, WHEREAS, on July 3, 2002, the City and Alameda County Industries AR, Inc., ~"Contractor"} entered into that certain Franchise Agreement between the City of Alameda and Alameda County Industries AR, Inc. for Solid 'L~aste, Recyclable Materials, and Organic Materials Services the "Original Franchise Agreement"}. WHEREAS, on December 27, 2004, the First Amendment to the Original Franchise Agreement ~"Amended Franchise Agreement"} was signed by the City and the Contractor, and WHEREAS, the City and the Contractor have agreed to modify the compensation and certain other provisions of the Amended Franchise Agreement in the same form as the Original Franchise Agreement was granted pursuant to City Charter Section 3-10 on the terms herein; and WHEREAS, pursuant to Section 13.7 of the Amended Franchise Agreement, all amendments to the Amended Franchise Agreement must be in writing and this Amendment is necessary to reflect the modifications to the Amended Franchise Agreement agreed to by the City and the Contractor and as made pursuant to this Second Amendment. NOw THEREFORE BE iT ORDAINED by the Council of the City of Alameda that: Section 1. The City Council hereby approves and authorizes the City Manager to negotiate and execute, for and on behalf of the City of Alameda, a Second Amendment to the Amended Franchise Agreement, as shown in Attachment 1. Section 2. This Ordinance shall be in full force and effect from and after the ex iration p of thirty X30}days from the date of its final passage. Presiding Officer of the City Council Attest: Lora weisiger, City Clerk *****~ Final Passage of ordinance #4-FCC 04.2 -09 i, the undersigned, hereby certify that the foregoing Ordinance was dul Y and regularly adopted and passed by Council of the City of Alameda in re ular s~ g meeting assembled on the 21 day of April, 2009 by the fallawin vote to wit: g AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22n~ day of April, 2009. Lara Weisiger, City Clerk City of Alameda Attachment 1 APRIL X009 SECaND AMENDMENT aF THE DECEMBER 2l 2004 AMENDED FRANCHISE AGREEMENT BETVIIEEN THE CITY OF ALAMEDAAND ALAMEDA CGUNTY INDUSTRIES AR INC. FGR SOLID WASTE RECYCLABLE MATERIALS AND ORGANIC MATERIALS SERVICES This Second Amendment the "Second Amendment"~ is entered into this day of April, 2009, by and between the City of Alameda, a munici al ~~ ~ ~~ p corporation thereinafter City }, and Alameda County Industries AR, lnc., a California corporation whose address is 6~0 Aladdin Avenue, San Leandro CA 9457'l thereinafter the "Contractor"~, and amends the Jul 3 2002 . Y , Franchise Agreement between the City of Alameda and the Contractor for Solid ~IVaste, Recyclable Materials and Organic Materials Services as specified below: RECITALS: A. On July 3, 2002, the City and the Contractor entered into that certain Franchise Agreement between the City of Alameda and Alameda Count Industries AR I y , nc. Far Solid ~IVaste, Recyclable Materials and organic Materials Services the "Original Franchise Agreement"}. B. On December 2l, 2004, the City and the Con#ractor entered into that certain December 2004 Amendment amendin the Ori final Franchise g 9 Agreement. The Original Franchise Agreement as so amended is referred to herein as the "Franchise Agreement." C. The City and the Contractor have agreed to modi the . fY compensation and certain other provisions of the Franchise A reement on the . g terms herein. D. Pursuant to Section ~ 3,l of the Franchise A reement all g , amendments to the Franchise Agreement must be in writin and this Amendment g is necessary to reflect the modifications to the Franchise Agreement a reed to b 9 Y the City and the Contractor and as made pursuant to this Amendment. NOVV, THEREFORE, in and for the mutual covenants contained herein and other good and valuable consideration, the receipt and ode uac of which q Y are hereby acknowledged, it is mutually agreed by and between the undersi ned 9 parties as follows: 1. This Second Amendment shall be effective as of the date it is executed by both parties. 2. Article 1, DEFINITIGNS, of the Franchise A reement is modified to 9 delete and replace the definition of customer with: "Customer" means the Person which Contractor shall submit billin invoice g to and collect payment from for Collection services provided to a Premises. A s provided in Section 5.2.A, the Contractor may establish olicies to determine p whether the Customer is either the Gwner of the Premises or the Gccu an p t, provided that the Gwner of the Premises shall be responsible for a ment of Coll p Y ection services in the event an Occupant of a Premises, which Contractor has invoices as the Customerof Owner's Premises, fails to make such a m p y est. 3. Article 3, TERM GF AGREEMENT, Section 3.4 OPTION TG EXTEND TERM of the Franchise Agreement is deleted in its entiret y and replaced with: At the City's sole discretion, the City shall have the o tion to extend ' p this Agreement, twice, for up to a period not to exceed five 5 ears each fro ~7Y m October 1, 2012 through September 30, 2011 and from October 1 2017 tho ugh September 30, 2422. If the City elects to exercise these o tions it shall ' p give written notice to Contractor at least one hundred ei ht 180 calendar da s ri r g Yt ~ y p o to September 30, 2012 and at least one hundred ei ht 180 calendar da s g Y ~ } y prior to September 30, 2011, respectively. The City hereby exercises both of its options to extend this A reement for five g ~5~ years each pursuant to Section 3.4 of the Franchise Agreement, as amended b this Second Am Y endment, and the Contractor accepts such exercises. The Term of the Franchise Agreement shall continue until midni ht Se ternber 30 9 p , 2022, unless terminated in accordance with Section 11.2 of the Franchise A reement. g 4. Article 4, SCOPE OF AGREEMENT, Section 4.1 ~ .2 SPECiF1CATIGNS of the Franchise Agreement is amended b addin y g the following language at the end of Section 4.11.2 Specifications: Contractor agrees that not later than December 31, 2012 100°/° of th e Sold Waste Collection vehicles and Recyclable Materials and Or anic Materi g als Collection vehicles used regularly on Collection routes b the Contractor sh Y all be replaced with new Clean Alternative Fuel Vehicles, if commercial) available y and technically and economically feasible, subject to the mutual a reement of g the City and the Contractor as to the year, model and make of Clean Alters ' ative Fuel Vehicles to be acquired and the phase-in period for their de Io ment. p y The new vehicles may be purchased or leased by the Contractor ma include ' y working with the City #o obtain grant funds, and the Chan a shall be accom li g p shed in accordance with Section 5.8. 5. ARTICLE 5, OTHER SERVICES, Section 5.2.A. GENERAL is amended by adding the following language atthe end of Section 5.2.A. General: Contractor may establish procedures and policies for invoicin which ma . g Y include: deposits; property owner contracts; late fees. Uvhere the occu ant of the p premises ~s a tenant of the Owner, for invoicing purposes, the Contractor ma . y establish criteria and policies for requiring the Gwner of a premises to be a customer. The Contractor shall provide property owner with a 12 month notice prior notice of invoicing change faran existing account. 6. ARTICLE 8, CONTRACTOR'S COMPENSATION, Section 8.3.2.B.5.a, Forecasted labor-related costs, is deleted in its entiret and re laced y p with: a. Forecasted labor-related costs shall be forecasted as follows: 1. In the case of employees not subject to the Teamsters Union Local 70 bargaining agreement, labor related casts shall be calculated b y multiplying ~1}the Allowed labor-related costs far Rate Period One b one y ~1} plus the percentage change in the "San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index Urban Vva e Earners 1982- , g , 84100}, which is compiled and published by the U. S. De artment of p Labor, Bureau of Labor Statistics or its successor a enc ,between the g Y most-recently-published monthly index at the time of the application and the corresponding monthly index published twelve X12} months earlier and ~2} multiplying the result of step one by the same percents a than e g 9 used in step one. 2. In the case of employees subject to the Teamsters Union Local 70 bargaining agreement, lobar related costs shall be the actual wa es and . g benefits for the Rate Period in accordance with the bar ainin a reement. g g g Should the Teamsters Union Local 70 be replaced with a successor of similar bargaining power, the City and Contractor a ree to meet and g negotiate in good faith to apply the wages and benefiits of the successor. 7. ARTICLE 8. CONTRACTOR'S COMPENSATION, Section 8.4.5 ompensation for Rate Period Eight, is deleted in its entirety and re laced with: p 8.4.5 Contractor's Compensation for Rate Period Eight Contractor's Compensation for Rate Period Eight, shall consist of forecasted annual cost of operations, plus profit, plus forecasted Pass-Throu h Costs. Each g of these amounts shall be calculated in accordance with this section usin g current information and values and shall be based on forecasted costs for Rate Period Seven. Ninety X90} calendar days prior to the first da of Rate Perio y d Eight, Contractor shall submit an application requestin the amount of g Contractors Compensation for Rate Period Eight. The a lication shall b pp e based on Contractors Compensation for Rate Period Seven. The a licati pp on shall be submitted in the format, and shall calculate Contractor's Cam ensation . p ~n the manner described in this Section, A. Forecast Annual Cast of Operations. Forecasted annual cost of operations shall be calculated as follows: 1. Forecasted labor-related costs shall be calculated as follows: a. In the case of employees not subject to the Teamster Union Local 70 bargaining agreement, by multiplying ~1 }the Allowed labor-related costs for Rate Period Seven by one ~1} plus the percentage change in the "San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index Urban Uvage Earners; 1982-84=140}," which is compiled and published by the U. S. Department of Labor, Bureau of Labor Statistics or its successor agency, between the most-recently-published monthly index at the time of the application and the corresponding monthly index published twelve X12} months earlier, and b. In the case of employees subject to the Teamsters Union Local 70 bargaining agreement, by applying the actual wa es and g benefits in accordance with the bargaining agreement. Should the Teamsters Union Local 70 be replaced with a successor of similar bargaining power, the City and Contractor agree to meet and negotiate in good faith to apply the wages and benefits of the successor. 2. Forecasted vehicle-related costs for Rate Period Seven shall be forecasted by multiplying the forecasted vehicle-related costs for Rate Period Seven by one ~1} plus the percentage char a in the ~~ g Motor Vehicle Related Index, Afl Urban Consumers, U,S. Cit Y Average ~Pl-U} 1982-1984 = 100," between the most-recent) - Y published monthly index at the time of the application and the corresponding monthly index published twelve X12} months earlier. 3. Forecasted Recyclable Materials Processing costs shall be forecasted for Rate Period Eight in an equivalent manner to the method described in Section 8.3,2.6,5.c, 4. Forecasted Organic Materials Processing costs shall be forecasted for Rate Period Eight in an equivalent manner to the method described in Section 8.3.2.B.5.d. 5. Forecasted other costs for the Rate Period Ei ht shall be g forecasted by multiplying the forecasted other-related costs for Rate Period Seven by one ~1} plus the percentage char a in the 9 San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index ~AlI Urban Consumers; 1982-84-=100}" between the most-recently-published monthly index at the time of application and the corresponding monthly index published twelve (12) months earlier. 6. Forecasted depreciation expense shall be the amount specified in Exhibit J for vehicles, Containers, and facilities. 7. Forecasted annual cost of operations for Rate Period Eight shall equal the sum of the following casts, which shall have been calculated in accordance with procedures in this Section: a. Forecasted labor-related costs b. Forecasted vehicle-related casts c. Forecasted Recyclable Materials Processing costs d. Forecasted organic Materials Processing costs e. Forecasted other costs f. Forecasted depreciation expense B. Calculate Profit. Profit shall be calculated by dividing the forecasted annual costs of operations for Rate Period Eight by 4.94, and subtractin g the forecasted annual costs of operations from the dividend. C. Forecast Pass-Through Costs. The forecasted Pass-Through Costs shall consist of forecasted Disposal costs, forecasted interest expense, and forecasted regulatory fees calculated in accordance with the foilowin g procedures: 1. Forecasted Disposal costs shall be the same as in Section 8.3.2.B.l.a. 2. Forecasted interest expense shall be based on interest expense in Exhibit J, 3. Forecasted lease cost shall be the amount specified in Exhibit J for vehicles, equipment, containers, and facilities. 4. Forecasted regulatory fees shall be calculated in the same manner as Sectian 8.3.2.B.7.c using current information and data. D. Determine Contractor's Compensatian for Rate Period Eight. Contractor's Compensation for Rate Period Eight shall be equal to the surn of the following: a. Forecasted annual cost of operations (determined in accordance with Step A above) b. Profit (determined in accordance with Step B above) c. Forecasted Pass-Through Costs (determined in accordance with Step C above) The Contractor's Compensation for Rate Period Ei h g t as calculated ~n accordance with this Section shall be the only compensation due to Contractor for such Rate Period. No adjustments for actual costs shall be made at the conclusion of Rate Period Eight or at any other time during the Agreement. 8. ARTICLE 8, C~NTRACT~R'S C~MPENSATICN, Section 8.4.6, Contractor's Compensation for Rate Period Ten, of the Franchise Agreement is deleted in its entirety and replaced with; 8.4.6 Contractor's Compensation for Rate Period Ten Contractor's Compensation for Rate Period Ten, shall consist of forecasted annual cost of operations, plus profit, plus forecasted Pass-Through Costs. Each of these amounts shall be calculated in the same manner as Section 8.4.5 usin g current information and values and shall be based on forecasted costs for Rate Period Nine rather than costs for Rate Period Eight. 9. ARTICLE 8, C~NTRACT~R'S COMPENSATION, Section 8.5 CONTRACTOR'S COMPENSATION FCR EXTENSION PERIODS, of the Franchise Agreement is deleted in its entirety and replaced with: 8.5 CONTRACTOR'S COMPENSATION FOR EXTENSION PERIODS Contractor's Compensation for each of the Rate Periods during the extension periods, if any, shall consist of the forecasted annual cost of operations, plus profit, plus forecasted Pass-Through Costs. The First Rate Period of the extension period ~i.e., Rate Period Eleven shall be } calculated in the same manner as that described in Section 8,4.5 usin current g information and values and shall be based on forecasted costs for Rate Period Ten rather than forecas#ed costs for Rate Period Eight. The Second Rate Period of the extension period ~i.e., Rate Period Twelve shat! be calculated in the same manner as that described in Section 8.3 usin current g information and values and shall be based on actual costs for Rate Period Ten rather than Rate Period One. The Third Rate Period of the extension period (i.e., Rate Period Thirteen) shall be calculated in the same manner as that described in Section 8.4.5 using current information and values and shall be based on forecasted costs for Rate Period Twelve rather than costs for Rate Period Eight. The Fourth Rate Period of the extension period ~i.e., Rate Period Fourteen shall } be calculated in the same manner as that described in Section 8.4.5 usin g current information and values and shall be based on forecasted costs for Rate Period Thirteen rather than costs for Rate Period Eight. The Fifth Rate Period of the extension period ~i.e., Rate Period Fifteen shall be calculated in the same manner as that described in Section 8.3 usin current g information and values and shall be based on actual casts for Rate Period Thirteen rather than Rate Period One. The First Rate Period of the second extension period ~i,e., Rate Period Sixteen} shall be calculated in the same manner as that described in Section 8,4.5 usin g current information and values and shall be based on forecasted costs for Rate Period Fifteen rather than forecasted costs for Rate Period Eight. The Second Rate Period of the second extension period ~i.e., Rate Period Seventeen} shall be calculated in the same manner as that described in Section 8.4.5 using current information and values and shall be based on forecasted costs for Rate Period Sixteen rather than Rate Period Eight, The Third Rate Period of the second extension period ~i.e., Rate Period Eighteen} shall be calculated in the same manner as that described in Section S.3 using current informs#ion and values and shall be based on actual costs for Rate Period Sixteen rather than costs for Rate Period One. The Fourth Rate Period of the second extension period ~i.e., Rate Period Nineteen} shall be calculated in the same manner as that described in Section 8.4.5 using current information and values and shall be based on forecasted casts for Rate Period Eighteen rather than costs for Rate Period Eight. The Fifth Rate Period of the second extension period (i.e., Rate Period Twenty) shall be calculated in the same manner as that described in Section 8.4.5 using current information and values and shall be based on forecasted costs for Rate Period Nineteen rather than Rate Period Eight. 10. ARTICLE 8, CONTRACTOR'S COMPENSATION, Section 8,12.6. Contractor's Compensation Adjustment far Rate Year One and Rate Year Two of the Franchise Agreement is deleted in its entirety and replaced with: B. The remaining balance of the Additional Rate Period One and Two Compensation, consisting of $1,054,058, shall be paid to Contractor no later than May 1, 2009. Payment of such Additional Rate Period One and Two Compensatian shall not be subject to Franchise Fees or any other fees authorized under Article V11 of this Agreement, and shall not be counted as revenue in the revenue reconciliation process described in Section 8.7 of the Agreement. Any prior requirement to compensate the company in rate years 11, 12, and 13, associated with the Additional Rate Period One and Two Compensation is hereby eliminated. 11. ARTICLE 8, CONTRACTOR'S COMPENSATION, Section 9 INTERIM COMPENSATION ADJUSTMENT is modified by adding the followin g language as a second paragraph: Contractor agrees that the Interim Rate Adjustment request received on December 23, 2008 is withdrawn in its entirety and that Contractor will not seek any future interim Rate Adjustments due to either labor costs, commodity cost increases, or commodity revenue shortfalls far the full term of the franchise, 12: Except as amended by this Second Amendment, the terms and conditions of the Franchise agreement shall remain in full force and effect; provided, however, that to the extent of any inconsistency between the Franchise Agreement and this Amendment, the terms of this Second Amendment shall prevail. 13. The City Manager is authorized to make minor modifications and clarifications to the Franchise Agreement consistent with City Council approvals, including non-substantive changes to the Exhibits. 14. EXHIBIT J is deleted in its entirety and replaced with the attached Exhibit J,. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and yearfirst above written. ALAMEDACOUNTY INDUSTRIES CITY OFALAMEDA AR, INC., A California Corporation A Municipal Corporation Louis Pellegrini Vice-President Ann Marie Gallan# Interim City Manager RECOMMENDED FOR APPROVAL Matthew T. Naclerio PublicWorks Director APPROVED AS TO FORM: Mohammed Hill Assistant City Attorney EXHIBIT J CLARIFICATIQN QF CQNTRACTaR'S C4MPENSATIQN This Exhibit provides information that shall be used in determining Contractor's Compensation with the exception of Contractor's Compensation for Rate Period one and Rate Period Two. A. ALLOWABLE PERSONNEL AND LABOR HOURS Contractor developed Contractor's Proposal and estimated its compensation requirement based on numerous assumptions related to provision of Collection services in the City, including assumptions with regards to the number of personnel and the number of labor hours that its personnel will incur. Award of this Agreement to the Contractor was based on several factors Including its proposed compensation requirements of which a signif cant portion is attributed to labor costs. In order to ensure that the City continues, over the Term of the Agreement, to benefit from the Contractor's Proposal, labor costs shall not increase as a result of an increase in the number of persannel or the number of labor hours unless Contractor can demonstrate that the increased labor personnel andlor hours are necessary to provide service to additional Customers due to growth in the City or to adjust for changes in labor hours due to aCity-approved interim compensation adjustment as described in Section 8.9. In recognition of this limitation on Contractor's Compensation, the personnel and labor hours listed in the fallowing table shall be considered allowable personnel and labor hours for the purpose of determining Contractar's Compensation. Minimum Staffin -Company agrees to maintain, at a minimum, the labor hours listed in the "Allowable Personnel and Labor Hours" table contained in this section, Should new technologies become available which improve operational eff ciencies and directly benefit the rate payers, the City and Contractor agree to meet and negotiate in good faith the reduction in labor hours and any benefits which may accrue to the City and the Company resulting from the cost savings associated with implementing the new technology. Remainder of this page intentionally left blank} Page: 1 719$6.1 City of Alameda 12/22/04 9:00 AM Franchise Agreement G:I000NCIL MEET[NG 1NF410RDINANCES104 21 09~AC12nd Amendment EXHIBIT J_FINAL_ 4 21 09.doc Amendment I ~ ~~ 'p ~ U ~' ~ ~, ~ ~ -x °~ ~~ Uc~ A. ~ ~ y `~ ~ ' - v ° ~m 0 w ''~ U ~ y r1 crs +n ao O +n °0 ~ N N o O +n O o0 ~ ~ 0o M o0 00 t~ c~1 n o0 oa Q O O O O O O O O O O o0 t~ ~ ~ oo Ct ~ d' ~ 00 ~ v ~• trj *~ - ~ O ~ 0 0 „ '~? ^' ~ ^' O Z --~ O O O O N O 0 0 G1 p +a ~ Z 0 p ~ ~ M ~ ~ ~ ~ N tiD N O N -~ d' N -•: ~-. ~ ~D N .-~ ,~ N N n C ~ +.. ~ ~" Q ~ 'CM d ~ 1 t • J ~ ~ y N N ~0 O O N n r~ t~ ao ~, O N O er ~ o0 ~ oo ~ O tp c c = c • 0, o0 0~ oa ~ ~ ~ ~ ,i, ~ O Q ~ ~ ry M ro ~~R. 0 ~ ~ ~ [.., ,~ ° ~~ N N ~D O O N ~ O N 0 7 o, o o ~O oC t0 O ~p ~ O ~ o o a~ ~ ~ ~ n ~ r ~ N ~ ~ ~ Q+ ~ c J~ C Q 0 N M ~ ~ p~~G. ~~ N N ~D O O N O N O ~0 00 `D O ~ `Q O .". r, N Q ~ 4 M Q ~ ~ r1 M +n o0 O +n ~ O +n O OG ~ 00 r1 00 G4 00 O6 M ~ p d] +° ~D ~ ~ ~ '~ ~ ~ N ~ ~ ~ C, ~ ~ ~ ~ Q..1 ~ Q N M ~~0~ °o=~. ~- ~ ` y ~ ~ ~ L ~ d' N O O K ~ ~ +n ~ 00 + + O H O OG 00 ~D N A N O Qr I~ O~ ~D N O~ N ~ O N . c~ ~ c n n ~~ +n +n ~ n M n~ n r r ° N N O ~ ~ M ~ ~ .+~ In .r ~ ~ n 7~1 n 4. a~4 ~ ° ~ ~ H ~~ n r~ r- t- n n '~? c'1 ['~ C'1 c''1 M t~ t- f+1 Cr1 n n r~ ('~ C'1 f+1 r- ~ o0 00 00 oa o0 oa o0 00 00 oa t~ ' t- v L L G q,~ ~ Op OG 00 00 00 OQ 00 00 OQ OG 00 f 1 ~ DO Z M N'1 ~ ~ G" ~ 04 00 ~ ~ ~ ~ ~oo~, v +y+ 0 0 0 0 oO o 0 0 0 ° ° ~~~ ~ o o zo ..ooo ooh ~ ~ r:. j a N M ~ ~ ~ .~ a ~. ~ ° ~, y 3 ~ w ~ ~ ~ ' j +~ w, U L"' ~ '`^ ~. ~ v ~ 3 3 ~= ~` v ~ ~ 'w ~ ~' ~~ ~ ~, .~.y v Ld ~„ ~„ 7~ v y ~ G. . 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A ~r ~I a z L ~I z w .a c v C 4] r Q d' O f!~ U 4 z Q 0 z z moo o, -- U o~ ~~U The Contractor shall not be compensated for labor costs associated with any personnel and labor hours other than those listed in the table above unless the number of route drivers is increased based on the Contractor's demonstration to the City of the need to increase the number of routes in accordance with Section B. Note: Co orate Managemen~_fees attributable to CEa1CF0, General Manager and, Controller. B. ALLOWABLE ROUTES The number of allowable routes that shall serve as the basis for the Contractor's Compensation are listed in the table below, Note that the route list was prepared based on the Contractor's Proposal. Routes reflected as ,Less than a whole,. number represent routes_a~located across service segments ROUTES QuantrtylDay Residential Solid Waste 5.00 Residential Recyclable Materials 6.00 Residential Grganic Materials 4.00 Commercial Bin Solid Waste 3.40 Commercial Recyclable Materials .50 Debris Box Solid Waste and Recyclable Materials .SO Clean-uplBulky Item picku Container distribution 2.00 Commercial Grganics 0.50 City Services 0.20 TOTAL 23.00 The Contractor shall nat be compensated for an increase in the number of routes unless the Contractor demonstrates to the City the increase is a direct result of growth in the number of Customers served in the community or is a result of changes due to a City- approved Interim Compensation Adjustment as provided in Section 8.9. C. ALLOWABLE ROUTE HOURS The Contractor developed Contractor's Proposal and estimated its compensation requirement based on numerous assumptions related to provision of Collection services in the City, including assumptions with regards to the number of route hours that will be incurred. The number of route hours significantly impacts the Contractor's Compensation because it impacts vehicle-related costs such as fuel, tires and tubes, parts, and supplies. Award of this Agreement to the Contractor was based on several factors including its proposed compensation requirements of which a significant portion is attributed to vehicle-related costs. In order to ensure that the City continues, over the Term of the Agreement, to benef t from the Contractor's Proposal, vehicle-related costs shall not increase as a result of an increase in route hours unless Contractor can demonstrate that the increased route hours are necessary to provide service to additional Customers due to growth in the City or to adjust for changes in route hours due to a City- approved interim compensation adjustment as described in Section 8.9. In recognition of this limitation on Contractor's Compensation, the route hours listed in the following table 7198b. I Page:2 City of Alameda 4101109 Franchise Agreement G:1CQ[JNCIL MEETING INF410RD[NANCES104 21 091ACI 2nd Amendment EXHIBIT J_FINAL ~ 21 09.doc Amendment 1 shall be considered allowable route hours for the purpose of determining Contractor's Compensation, Allowable route hours ma reflect a onion of a route servin multi le service segments. Allowable Route Hours Hours Routes Total Hours Residential Solid Waste S 6.00 12,4$0 Residential Rec clable Materials $ 6.00 12,4$0 Residential Or anic Materials 8 4.00 8,32D Commercial Bin Solid Waste 8 3.OD b,240 Commercial Rec clable Materials 8 D.50 1,040 Debris Box Solid Waste and Rec clable Materials $ 0.80 1,b64 Clean-u (Bulky Item icku Container Distribution 8 2,00 4, I bD CommercialOrQanics $ D.50 1,04D City Services 0.2D 416 23,00 47,$4D D. ALLOWABLE LEASE AMOUNTS Allowable annual lease amounts to be included in the Contractor's Com ensation over p the initial ten X10} year portion of the Term of the Agreement include the following: Annual Aliowab~e Lease Amounts Collection Vehicles Residential Solid Waste Residential Recyclable Materials Residential Organic Materials Commercial Bin Solid Waste Commercial Recyclable Materials Debris Box Solid Waste and Recyclable $226,881.92 $298,345.2D $301,554.4$ $77,659.28 $O.oO $27,173,60 Materials $0,00 Clean-uplBulky Item pickup $13,58b.$D Transfer truck Subtotal $945,201.28 Uther Support Vehicles $21,73$.$$ Collection Containers Carts $185,526.45 Bins $78,843.10 Debris Boxes $3b,27b.40 Compactors Subtotal 5300,645.95 Total Allowable Lease Amount ~1,2b7,58b.1I ~ 198b.1 Page:3 City of Alameda 4101109 Franchise Agreement G:I000NCIL MEETING INFOIORDINANCES104 2l 091ACI 2nd Amendment EXHIBIT J FINAL_ 4 21 09.dac Amendment I In the event new vehicles or Containers are acquired with City approval under Section 4.11.2 of the Second Amended Agreement or to accommodate growth in the City at same point during the Term, the cost of the new equipment shall be depreciated for the lease payments amortized, in the case of leased equipment} over the Term including all optional extension periods, which may be granted under Section 3.4. If new vehicles or Containers are acquired with City approval this Section of this Exhibit shall be amended to reflect any changes in depreciation or lease amounts. E. ALLOWABLE PRQCESSZNG COSTS The following Processing costs are allowable Processing costs during the Term of the Agreement based on Contractor's Proposal to use Processing Sites identified in Section 4.7. Processing costs shall reflect the net Processing cost ~i.e., Processing cost less revenues earned from the sale of such materials}. Recyclable Materials Organic Materials Organic Materials Processing Costs Processing Costs Processing Costs ~$Iton} excluding Yard including Food waste ($Iton} waste ~$Iton} Rate Period Three $0,00 $~~ $~~ ~ ~ to be inputted based formula below. In Iieu of determining a processing cost for recyclable materials, the City and Company agree to provide a fixed subsidy of $580,,000 for Rate Period 8. This subsidy is based on a review of past processing costs that determined an average processing cost of $1,202,560, to process 12,4x5 tans. This subsidy shall increase annually as other processing costs; however, the subsidy shall not be included in the profit calculation provided in Sections 8.3.2.B.6 and 8.4.5.B of this agreement. For Rate Periods Eight through Twenty, the Processing costs shall be adjusted by multiplying the Processing cost for the prior Rate Period by the most recently published "San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index Urban Wage Earners; 1982-84-100}" and dividing by the index published twelve X12} months prior to the most recently published index. For example, the Recyclables Material Processing cost for Rate Period Three shall be calculated as follows: 1. Most recently published index April 2004} =132.0 2. Index published twelve months period to most recently published index (April 2003) = 130.9 3. Rate Year Three Recyclable Materials Processing cost = $ x X132.01130.9} $ per Ton. Note: The calculated Processing cost shall be rounded to the nearest cent. 7198b.1 Page;4 City ofAlameda 4lQ I~09 Franchise Agreement G,IC~~NC~L MEETING INFQI4RDINANCESIQ4 21 a41AC~ 2nd Amendment EXHIBIT ~ FINAL 4 21 ~9.doc Amendment ~ 4 F. TONNAGE ASSUMPTIONS The Contractor developed Contractor's Proposal and estimated its compensation requirement based on numerous assumptions related to provision of Collection services in the City, including assumptions with regards to the quantity of Solid VLlaste, Recyclable Materials, and Drganic Materials that will be Collected from Generators. The quantity and type of materials Contractor assumed would be Collected has a direct impact on its overall compensation requirement, Award of this Agreement to the Contractor was based on several factors including Contractor's proposed compensation requirements and estimated diversion results. Tonnage Assumptions Source Estimated Ton Y s Collected per ear Rate Period Three SaIid Waste Single-Family and Multi-Flex Collection 11,977.79 Multi-Family Collection Clean-uplBulky Item Collection 916.68 Commercial Collection 15,725.51 Debris Box and Compactor Collection 7,749.90 SUBTOTAL 36,369.38 Rec Table Materials Single-Family and Multi-Plea Collection 12,b41.71 Multi-Family Collection Clean-u Collection Commercial Collection 521.31 E-Scrap 300.Oa Subtotal 13,463.02 Or anic Materials Single-Family and Multi-Flex Collection 7,312,20 Multi-Family Collection Clean-up Collection Commercial Collection Include Wood 983.33 SUBTOTAL 8,295,53 Total Materials Collected 57,127,92 Diversion Percentage ~~Recyclable Materials and Organic Materials (Total Materials Collected . ~ ] o 37 /o 71986.1 Pager City of Alameda 410119 Franchise Agreement G:I000NCIL MEETING INFdInRDINANCBS104 21 091AC1 Znd Amendment EXl-IiBIT J FINAL_ 4 2I 09.aoc Amendment I G_ Rec~l~,n~_C_„o,.m,modity Revenue Sharing: ~~.~~ Any Revenue, as calculated in the same manner as was used in City accepted audited statements for Rate Periods 1 through 7, received by the Contractor from the sale of Recyclable Materials generated in the City and Processed during any Rate Period will be shared by the City and the Contractor in accordance with the schedule below. The City's share will be paid or applied by the Contractor in the form and manner that the City directs within thirty X30} days after the submittal of required audited financial statements; provided, however, that to the extent all or any portion of such payment or application would cause the Contractor to be in default with its primary lender to which the Contractor is indebted in a material amount, and the City is provided a letter from a senior officer from the financial institution stating such, all or that portion of such payment or application which would cause such default will be deferred until it can be effected without causing such a default. Said deferral shall accrue interest at the rate the City normally would have received on the funds during that time. Rec clin Commodit Revenue Sharin Schedule: Revenue, as calculated in the same manner as was used in City accepted audited statements for Rate Periods 1 through 7, from the Contractor's sale of all Recyclable Materials Processed at the Processing Site for the applicable Rate Period shall mean the Contractor's revenue from the sale of any such Materials. Such Revenue will be divided by the total tons of such Recyclable Materials delivered to the Processing Site during such Rate Period ~"Total Tons"} to determine the total average amount per ton the "Average Price"}. The Average Price will then be multiplied by that portion of the Total Tons generated in the City the "City Tons"} to determine the revenue attributable to the City the "Alameda Revenue"}. The Alameda Revenue will be shared as follows: ~a} the amount resulting from multiplying the City Tons by the first $26 of the Average Price will belong to the Contractor; fib} the amount resulting from multiplying the City Tons by the amount by which the Average Price up to $80 exceeds $26, if any, will be shared 75% by the Contractor and 25% by the City; and ~c} the amount resulting from multiplying the City Tons by the amount by which the Average Price exceeds $80, if any, will be shared 25% by the Contractor and 75% by the City. Revenue Sharin~,Examples: 1. If for a given Rate Period the Net Revenue was $1,473,939, the Total Tons were 24,809, and the City Tons were 12,405, then the Average Price would be $59.41 x$1,473,939124,809}, and the Alameda Revenue would be $736,981 x$59.41 x 12,405}. The City's share would be $103,613 x$59.41- $26.00 = $33.41 x 12,405 x 25%}, and the Contractor's share would be $633,368 ~~$26.00 x 12,405} + x$59.41 - $26.00 = $33.41 x 12,405 x 75°/a}~. 2. If for a given Rate Period the Net Revenue was $2,419,000, the Total Tons were 24,809, and the City Tons were 11,389, then the Average Price would be $97.50 ~$2,419,OOO124,809}, and the Alameda Revenue would be $1,110,427 x$97.50 x 11,389}, The City's share would be $303,233 x$80 - $26,00 = $54.00 x 11,389 x 25% plus $97.50 71986.1 Page:6 City of Alameda 4101109 Franchise Agreement G;ICOUNC[L MEETING 1NF010RDINANCES104 2l 091AC1 2nd Amendment EXHIBIT J FINAL_ 4 21 09.doc Amendment 1 - $SO = $17.50 x 11,389 x 75%}, and the Contractor's share would be $807,194 [x$26.00 x 11,389} + x$80.00 - $26.00 = $54.00 x 11,389 x 75°/fl} + x$97,50 - $80,00 = $17.50 x 11,389 x 25%~]. G. DEPRECIATIGN AND INTEREST EXPENSE No depreciation and interest expenses are allowable costs under the Agreement as amended, unless approved by the City because the Contractor developed its Contractor's Proposal assuming equipment will be leased. Allowable lease casts are listed in Section D of this Exhibit. 71986. I Page:7 City of Alameda 4101109 Franchise Agreement G:ICO[JNCIL MEET[NG [NFOIORDINANCES104 21 091AC1 2nd Amendment EXH[B[T J F[NAL 4 2l 09.doc Amendment I T CITY OF ALAMEDA GRDINANCE No. New Series v 0 a~ a L Q a AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF CHAPTER XXI (SOLID WASTE AND RECYCLING) TO CLARIFY THE DEFINITION OF CUSTOMER AND CUSTOMER RESPONSIBILITIES BE IT ORDAINED by the Council of the City of Alameda #hat: Section 1. The Alameda Municipal Code is hereby amended by amending Section 21-2 Definitions} of Article 11 General Regulations} of Chapter XXI Solid vllaste and Recycling} to read as follows: Customer shall mean the person to whom franchisee andlor permittee shall submit billing invoices and from whom it shall collect payment for collection services provided to a premises generating solid waste, recyclable materials, organic materials, and receiving collection services from the franchisee andlor permittee. As determined pursuant to the policies of the franchisee, the customer may be the occupant or owner of the premises, provided that the owner of the premises shall be responsible for payment of collection services, in the event an occupant of a premises, who is identif ed as the customer with respect to the owner's premises, fails to make such payment. ~1u1ti-family shall mean any residential complex with five ~5} or more units used for residential purposes irrespective of whether residence therein is transient, temporary or permanent. ~lutti-family premises includes yacht harbors and marinas where residents live aboard boats. Multi-family premises include condominiums and cooperative apartments with five ~5} or more units. Such premises shall have centralized solid waste, recyclable materials, and organic materials collection services sufficient for all units on the premises, which service shall be billed to the customer. 1~ulti-plex shalt mean any residential complex with two ~2} to four ~4} units used for residential purposes irrespective or whether residence therein is transient, temporary, or permanent. Multi-plex premises include condominiums and cooperative apartments with two ~2} to four ~4} units. Such premises may have individual or consolidated solid waste, recyclable materials, and organic materials collection service sufficient in volume to service each unit on the premises, and will be billed to customer. Final Passage of ordinance #4-G CC 04-21.09 Section 2. The Alameda Municipal Code is hereby amended by amending Subsection 21-2.1 (Solid Waste, Recyclable Materials, and Organic Materials Collection Required) of Section 21-2 (Collection and Removal) of Article II (General Regulations) of Chapter XXI (Solid Waste and Recycling) to read as follows: a. Soii~ Wasfe. The occupant or owner of any premises in the City in, upon, or from which solid waste is created, produced, or accumulated, shall dispose of the solid waste at least once each week through the solid waste collection service of the franchisee, unless otherwise exempt as per subsection 21- 20.4~d}~4}, The customer of the premises shall pay the franchisee for such removal at rates established by the franchisee that comply with City-established policies and do not exceed the rate ceilings set by the City. b. Recyclable Materials and Qrganic Materials. ft is mandatory that the owner or occupant of any premises contract with and pay the franchisee for recyclable materials and organic ma#erials collection services, unless otherwise exempt as per subsections 21-20.4~d}. The owner or occupant shall pay the franchisee at rates established by the franchisee that comply with City- established policies and do not exceed the rate ceilings set by the City. It is mandatory that the customer ensures that recyclable and organic materials are placed in the proper collection containers in accordance with franchisee's instructions. c. Service Arrangements. Each customer shall make arrangements with the franchisee for the required collection of solid waste, recyclable materials, and organic materials. Such arrangements shall specify the location of the premises, the type and size of containers to be provided by franchisee for collection of solid waste, recyclable materials, organic materials, and the frequency of collection. Each customer shall contract with franchisee for a sufficient number of solid waste containers to hold all solid waste that is created, produced, or accumulated on such premises between the times of successive collections by the franchisee. If the Public Uvorks Director determines that additional receptacles or capacity are necessary, the customer shall provide for such additional service within fifteen X15}days of the mailing of a written notice by the Public Vvorks Director. d. failure fo lnitia~e Service. Should any owner or occupant fail to initiate the collection of solid waste, recyclable materials, or organic materials or fail to obtain additional service when required pursuant to paragraph c above, the City may initiate such service or additional service at the customer's expense. Section 3. The Alameda Municipal Code is hereby amended by amending Subsection 21-20.4 (Charges for Service) of Section 21-20 (Franchise Agreements) of Article III (Franchise Agreements) of Chapter XXI (Solid Waste and Recycling) to read as follows: b, Payment. Every customer receiving integrated waste collection service for solid waste, andlor recyclable materials, andlor organic materials shall pay the rate for those services established by the franchisee in accordance with City- established policies, whether used in whole or in par#. If an occupant of a premises fail to pay, the property owner shall be responsible for payment to the franchisee. Section 4. Severability Clause. If any of the provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or applications of this chapter which can be given effect without the invalid provision or application. To this end the various provisions of this chapter are severable and each would have been enacted without the other, Section 5. 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 ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the 2~St day of April, 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN UvITNESS, vIIHERE~F, I have hereunto set my hand and affixed the official seal of said City this 22~d day of April, 2009. Lara Weisiger, City Clerk City of Alameda E ~. 0 0 0 ~. Q CITY GF ALAMEDA RESOLUTiGN NG. APPGINTING DEAN BATCHELGR AS A MEMBER GF THE CITY CIVIL SERVICE BGARD ti ~o a ~ ~ BE IT RESOLVED by the Council of the Cit of Alameda that ursuant to Y p the provisions of Article X of the Charter of the City of Alameda, and upon nomination of the Mayor, DEAN BATCHELGR is hereby appointed tothe office of member of the Civil Service Board of the City ofAlameda for a term commencing on April 2~, 2009, and expiring on June 30, 202, and to serve until his successor is appointed and qualified. ****** 1, 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 21 St day of April, 2009, by the fallowin vote to wit: 9 AYES: NOES: ABSENT: ABSTENTIGNS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Ci#y this 22nd day of April, 2009. Lora UVeisiger, City Cierk City of Alameda Resolutions #6-Q 04.2 ~ -09 CITY GF ALAMEDA RESGLUTiGN N4. E 0 u~ 0 N '~ 9 APPOINTING DENNIS H. VIEHWEG AS A MEMBER OF THE CITY ECONOMIC DEVELOPMENT COMMISSION (COMMUNITY-AT-LARGE SEAT) BE IT RESaLVED by the Council of the City of Alameda that pursuant to Section 2-14.2 of the Alameda Municipal Code and Resolution No. 12149, and upon nomination of the Mayor, DENNIS H, VIEHVVEG is hereby appointed to the office of Community-at-Large member of the Economic Development Commission of the City of Alameda, to fill the unexpired term of Robert Kennedy commencing April 21, 2009, and expiring on August 31, 2013 and that Economic Development Commission Member Lorre Zuppan will now fill the MarinelUVaterfrontsest. ~~**** 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 21$t day of April, 2009, by the followin vote to wit: g AYES: NOES: ABSENT: ABSTENTIONS: IN 11vITNESS, INHEREGF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of Aprii, 2009. Lars Weisiger, City Clerk City of Alameda CITY~FALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant interim City Manager Date: April 21, 2009 Re: Request for Preparation of a Report on the Effect of the Proposed Alameda Point Development Initiative Measure Pursuant to Election Code Section 9212 and Designate a Response Date BACKGROUND In July 20x7, the Alameda Reuse and Redevelopment Authority ~ARRA}, Community Improvement Commission ~C1C}, and City of Alameda together Alameda} entered into an Exclusive Negotiation Agreement ENA} with SCC Alameda Point LLC ~SunCal} to secure the required land use entitlements to redevelop Alameda Point. The ENA identifies a number of mandatory performance milestones necessary for SunCal to complete the entitlement process during the ENA term, including the preparation of a Development Concept, Infrastructure Plan, draft Master Plan, Sports Complex Master Plan, Business Plan, and executed conveyance term sheet with the Navy. SunCal submitted a Development Concept, along with a draft Business Plan, draft Sports Complex Master Plan, and Infrastructure Plan, on September 19, 2008. Based on feedback provided to SunCal by numerous City boards and commissions, SunCal prepared its draft Master Plan, final Sports Complex Master Plan, and final Business Plan, which it submitted to Alameda on December 19, 2008. On March 26, 2009, SunCal submitted a Notice of Intent to Circulate Petition for the Alameda Point Development Initiative Initiative} to the City Clerk, which included the following: a. Initiative Text b. CharterAmendment c. General Plan Amendments, including a revised Chapter 9, new Chapter 11 Alameda Point Community Plan}, and otheramendments d. Alameda Point Specific Plan e. Revised Zoning Map and Text Amendments f. Development Agreement City Council Agenda item #6-B o4-2'I-o9 Honorable Mayor and Members of the City Council April 21, 2009 Page 2 of 3 The Ballot Title and Summary for the Initiative was issued by the City Attorney's Gffice on March 31, 2009, and published in a local newspaper on Friday April 3, 2009. SunCal is currently gathering signatures with the aim of qualifying the Initiative for the November 2009 election. SunCal will make a presentation to the City Council on the Initiative under this agenda item and answer any questions that the public or City Council may have. DISCUSSIGN Pursuant to Election Code Section 9212, the City Council may request a report from City staff on the effect of the proposed Initiative on any or alf of the following: (1) Its fiscal impact. ~2} Its effect on the internal consistency of the City's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on City actions under Gov. Code Sec. 65008 -forbidding discrimination in housing, Gov Code Secs. 65913-65914 -zoning vacant land for residential, requiring same standards for improvements by developer as City standards for constructing same improvements with public funds, prohibiting levying fees for maintenance or operation of public capital facility improvements, and Gov. Cade Secs. 65915-65918 -density bonus and other incentives. ~3} Its effect on the use of land, the impact on the availability and focation~of housing, and the ability of the City to meet its regional housing needs. ~4} Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community's ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. ~l} Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the City Council requests to be in the report Since SunCal released its December 2005 Master Plan and announced its intent to place its plan on the ballot as a citizens' initiative, staff has received numerous questions about the effects of the proposal. These questions primarily focus on two issues: • Fiscal Impacts: The two most frequently asked questions are: ~1 } vlJhat is the effect of the SunCal Initiative on my tax burden?; and ~2} How will this impact the City of Alameda's ability to maintain municipal service levels in existing Alameda neighborhoods? Honorable Mayor and Members of the City Council April 21, 2009 Page 3 of 3 • Transportation Impacts: The public has asked for answers to questions regarding transportation impacts at Alameda Point, including existing and projected tube capacity and how effective the proposed Transportation Demand Management ~TDM} services ~i.e., shuttles, ferry services, car share, bike share, etc.} will be in reducing traffic volumes from the project. If the Initiative qualifies for the November election, it will not be subject to the California Environmental duality Act, and no Environmental Impact Report evaluating traffic and other impacts of the proposal will be available to the public prior to the November 2009 election. As a result, staff recommends that the City Council direct staff to evaluate all of the impacts ~1}through ~l}outlined above pursuant to Election Code Section 9212 and specifically evaluate the fiscal impacts and transportation concerns of the project. Staff will have to retain an outside traffic consultant to address the issues related to the project's transportation impacts. The cost to the City is estimated in the range of approximately $60,000 to $10D,DDD. These funds will be paid for by SunCal. Staff recommends that the report be presented to the City Council by no later than its July 21, 2009 meeting. FINANCIAL IMPACT Staff estimates that the preparation of a report that analyzes the transportation issues identified above will require the City to retain an outside traffic consultant at a cost between $60,000 to $100,000. These funds will be paid by SunCal. There will be no impact on any City fund as a result of this action. RECOMMENDATIQN Request staff to prepare a report on the effect of the proposed Alameda Point Development Initiative measure pursuant to Election Code Section 9212 by no later than July 21, 2009, that addresses items ~1 }through ~7} outlined above and addresses the fiscal impacts and transportation issues presented above. Respectfully submitted, Lesl' A. Little Dev pment Services Director , gy: Jenn~r ~tt' Rede elo ment Manager AMGlLAL1JQ:rv COUNCIL REFERRAL FORM Name of Councilmember requesting referral: Lena Tam Date of submission to City Clerk must be submitted before 5.00 p.m. on the Monday befare the Council meeting requested: March 2l, X009 Council Meeting date: _ April 2~, 2009 Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the referral: Consider the formation of a "Sunshine CommunitYTask Force" to develop a, "sunshine ordinance",that rotects the public's interest in open„~, overnm,en~, ensurin that deliberations of commissions boards councils and other a encies of the Cit are conducted before the eo le and that Cit o erations and external lobbying- activities are_open to the„people's review. 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From: Lena Tam To: Lora Weisiger CC: dmooney,bjahnson,thighsmi,dbrandt Date: 31211200912:29 PM Subject: Re: Council Referral for April 21 City Council Meeting Hello Lara -- After discussing my idea with a number of individuals John Russo, Dan Purnell, Donna Mooney, Kate Quick, I think the more appropriate title for my council referral item would be "Consideration of forming a Sunshine Community Task Force." I would like the council to consider forming a small group (each councilmember doing acall-out and appointing on member to the task force) to develop a "Sunshine Ordinance" for the City of Alameda to improve transparency and access. It would be good if we had a representative from former city councilmembers, the League of Women Voters, ar other community members be part of the stakeholder group. A Sunshine Ordinance will help facilitate research far the dwindling resoures of our newspapers that cover Alameda and make information more readily available. don't have the council referral form handy, but my thinking is that a Sunshine Ordinance would address some of the following issues: Extend the noticing requirement far agenda and matters before the City Council or a Board an Commission, perhaps beyond the l2 hour requirement, Creat an online system far posting campaign finance reports neither scanned through PDF or candidates can complete and post on the City's website) Creat a registry for lobbyists and developing reporting requirements Provide direction on costlturnaraund in response to public records act request. Bill Withrow mentioned that the City of Alameda had an Ethics Commission when he was mayor but it was eliminated when Ralph Appezzato became mayor. My sense is unless we have specific ordinances in place addressing conventional ethics issues, it would be premature to resurrect the Ethics Commission. Thanks for your help. Lena Tam ~ councilmember, City of Alameda ~ 2263 Santa Clara Ave, Alameda, CA 94501 ~ 510-747-4122 ~ Itam@ci.alameda.ca.us »> Lara Weisiger 031261091:42 PM »> Lena, Please let me know if you have a specific title that you would like to appear an the agenda or if I can just have the title read: "Consideration of farming a Public Ethics Commission." Thanks! Lara »> Lena Tam 31201200911:4$ AM »> am working with some community groups to place the formation of a Public Ethics Commission as a council referral item for the April 21 City Council meeting. I should have the write-up completed by April 16. Lena Tam ~ councilmember, City of Alameda ~ 2253 Santa Clara Ave, Alameda, CA 94501 ~ 510-741-4722 E Itam@ci.alameda.ca.us CURRENT APPLICATIONS YOUTH COMMISSION TWO VACANCIES (FULL TERMS EXPIRING 8/31/10) Melina Cohen-Bramwell Kiara N. Heath Valerian Lee Trent Liu McCaulay J. Singer-Milnes Re: Agenda Item #9-A 44-2 ~ -09