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2011-03-15 PacketnNA 1 tl`�} r r��_� f s f 613 J V tiHLUIAL JOIN MEETING o f THE CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHOITY-( ARRA AND COMMUNITY IMPROVEMENT COMMISSION CIC TUESDAY MARCH 15 2011 -8:90 P.M. -Z- CITY OF ALAMEDA 9 CALIFORNIA Locatio-n-, Cit Council Chambers Conference Room, Cit Hall, corner of Santa Clara Avenue and Oak Street Agenda. 1. Roll Call Cit Council, ARRA, CIC 2. Public Comment on A Items Onl An wishin to address the Council/Board/Cornmission on a items onl ma speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: ,Citv Council 3-A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (54956.9) Name of case: Alameda Gatewa LTD. V. Cit of Alameda Cit Council, ARRA, CIC 3-13. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (54956.9) Name of case-, SCC Alameda Point, LLC, et al v. Cit of Alameda et al, U.S. District Court, case number CV 10-5178 3-C. H 6i CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (54956.9 Name of case: SCC Alameda Point, LLC. et al v. Cit of Alameda et al, Alameda Count Superior Court, case number RG 10537988 Announcement of Action Taken in Closed Session, if an Adjournment Cit Council, ARRA, CIC Marie L. Gilmore, Ma Chair, ARRA and CIC I a i 3 ?.:.y:,� CS �i.�. aye gt CITY OF ALAMEDA •CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Assistant 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 -MARCH 15 2011 7:00 P.M. [Note: Regular Council Meeting convenes at 7:00 pm, City Hall, Council Chambers, corner of Santa Clara Avenue and oak Street] 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. Oral Communications, Non Agenda (Public Comment) 5. Consent Calendar 6. Regular Agenda Items 7. City Manager Communications 8. Oral Communications, Non Agenda (Public Comment) 9. Council Referrals 10. Council Communications (Communications from Council) 11. 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 Assistant City Clerk if you wish to address the City Council. SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA REUSE 0:00 P.M. AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION, COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA REUSE 7:01 P.M. AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION, COUNCIL CHAMBERS CONFERENCE ROOM, Separate Agenda PLEDGE OF ALLEGIANCE 1 ROLL CALL City Council 2. AGENDA CHANGES 3. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 3 -A. Proclamation Declaring the Month of March "Women's history Month" 3 -B. Proclamation Declaring March 14 -21 as Women's Military History Week 4. ORAL COMMUNICATIONS NON AGENDA (Public Comment) A limited number of speakers 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; this section is limited to 15 minutes; additional public comment will be addressed under Section 8 5. 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 5 -A. Minutes of the Special City Council Meeting Held on February 19, 2011; the Special and Regular City Council Meeting held on March 1, 2011; and the Special City Council Meeting Held on March 2, 2011. (City Clerk) 5 -B. Bills for Ratification. (Finance) 5 -C. Recommendation to Award a Contract in the Amount of $09,390 Annually. for a Period of Five Years to Accela, Inc. for Accela Automation Land Management and Citizen Access software Licenses and Managed service Fees, and Authorize the Acting City Manager to Execute the Contract and Related Documents. (Community Development/Fire) 5 -D. Recommendation to Award a Contract in the Amount of $279,000, and Authorize a $40,000, Approximately Fourteen Percent Contingency, to Urban Metro Environmental, Inc. for the Demolition of Boarded and vacant Structures at 136, 140 144 140 148 Barbers Point Road 104 Glenview Road and 105 100 Norfolk Road and Authorize the Acting City Manager to Execute the Contract and Related Documents. (Economic Development) 5--E. Recommendation to Approve Modifications to the Paratransit Shuttle Service, Appropriate $24,000 in Measure B Funds and Authorize the Acting City Manager to Execute all Necessary Documents; and Recommendation to Approve Modifications to the Paratransit Taxi Service, Appropriate $5,000 in Measure B Funds, and Authorize the Acting City Manager to Execute all Necessary Documents. (Public Works) 5 -F. Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for Otis Drive Rehabilitation, No. P. W. 08 -10 -2. (Public Works) 5 -G. Recommendation to Adopt Plans and Specifications, and Authorize a Cali for Bids for Park Street Streetscape, Lincoln Avenue to Webb Avenue and Central Avenue to San Jose Avenue, No. P.W. 10- 09 -30, and Adoption of Resolution Authorizing the Selection of Holophane Streetlights and a Call for Bids to Holophane Distributors for Park Street Streetscape, Lincoln Avenue to Webb Avenue and Central Avenue to San Jose Avenue, No. P.W. 10- 09 -30. (Public Works) 5 -H. Adoption of Resolution Ratifying the Public Utilities Board's Approval of Amendment Two to Agreement for Construction, operation and Financing of Geothermal Project Number 3; Amended and Restated Geothermal Project Operating Agreement between Northern California Power Agency (NCPA) and the Geothermal Project Participants; and Amendment Number one to NCPA Facilities Agreement. (Alameda Municipal Power) 5 -I. Adoption of Resolution Appropriating $1.3 million in Federal HOME Funds and Authorizing the Acting City Manager to Negotiate and Execute the Necessary Documents to Complete the Loan to Resources for Community Development for the Rehabilitation of 2428 Central Avenue (Islander Motel). (Housing Department) 6. REGULAR AGENDA ITEMS 6 -A. Public Hearing to Consider Introduction of ordinance Amending the Alameda Mu nicipal Code to Amend Chapter X I I I (Building and Housing) by Repealing Article I (Uniform Codes Relating to Building, Housing and Technical Codes) in its Entirety and Adding a New Article I (Uniform Codes Relating to Building, Housing and Technical Codes) to Adopt the 2010 California Building Code, the 2010 California Residential Code, the 2010 California Historical Building Code, the 2010 California Electrical Code, the 2010 California Plumbing Code, the 2010 California Mechanical Code, the 2010 California Energy Code, the 2010 California Green Building Standards Code, the 1997 Uniform Housing Code, and the 199' Edition of the Uniform Code for the Abatement of Dangerous Buildings, and Amend Chapter Xv (Fire Prevention) by Repealing Section 15 -1 in its Entirety and by Adding a New Section 15 -1 to Adopt the 2010 California Fire Code. (Community Development /Fire) 6 -B. Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Article II (Boards and Commissions) of Chapter II (Administration) in Its Entirety and by Repealing Subsection 30 -65.7 (Public Art Commission) of Chapter XXX Development Regulations) in Its Entirety and Adding a New Article II (Boards and Commissions). (City Manager) 7. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 7 -A. Presentation on the Abatement Fund 8. 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; speakers not called under Item 4 may address the Council at this time 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 9. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 10. ADJOURNMENT City Council Materials related to an item on the agenda are available for public inspection in the City Clerk's office, City Full, Room 380, during normal business hours 0 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 0 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 0 Accessible seating for persons with disabilities, including those using wheelchairs, is available 0 Minutes of the meeting available in enlarged print s Audio Tapes of the meeting are available upon request 0 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 than may be necessary to participate in and enjoy the benefits of the meeting c� F :.��j CITY O F ALiMEDA CALIFORNIA P SPECIAL JOINT MEETING OF THE CITY COU ALAMEDA REUSE-ANDREDEVELOPMENT AUTHORITY-(ARRA), AND COMMUNITY IMPROVEMENT COMMISSION cic .TUESDAY:---- MARCH 15,.:2011 :7.01 P.M. Location: Cit Council Chambers, Cit Hall, corner of Santa Clara Ave and Oak Street Public Participation: An wishin to address the Council/Board/Commission on a da items or business introduced b the Council/Board/Commission ma speak for a maximum of 3 minutes per a item when the subj is before the. Council/Board/Commission. Plea se file a speakers slip with the Assistant Cit Clerk if y ou wish to speak. 1 ROLL CALL Cit Council, ARRA, CIC 2. CONSENT CALENDAR Consent Calendar Items are. considered routine and will be enact approved or adopted b one motion unless a re for removal for dis or explanatio.n is received from the Council/Board/Commission..or amerriber of the public. 2-A. Minutes of the Spe.cial Joint Cit Council, ARRA,. and. CIC Meetin :Held on Februar 15, 2011- the Special Joint Cit Council, CIC, and Housin g Authorit Board of Commissioners (HABOC) Meetin Held on March 1 :2011 the Special CIC and HABOC M Held on March 2 201 and the S pecial Join t Cit Council and CIC Meetin Held on March 8, 201 [Cit Co.uncil, ARRA CIC] (Cit Clerk) 2-B. Adoption of Resolution Authorizin the Actin Cit Mana and. the Actin Executive Director to Execute the Joint Exercise of Powers:- agreement to Inspect, Operate, and Maintain the Alameda.Point Water S Pr e paration for Transfer of Potable Water Infrastructure with East Ba Municipal Utili District. [Cit Council, ARRA (Public Works) 3. AGENDA ITEMS 3-A. Recommendation to Authorize the Actin Executive Director an Acti Cit Mana to Bind Pollution Le Liabilit Insurance Covera for Alameda -Point with XL Environmental for a Cost of $720,112. [Cit Council, AR (Cit Attorne 4. ADJOURNMENT Cit Council, ARRA, CIC U��L�_/a q..� ,erg ��,�l�Y.�s�ZZ. Marie L. Gilmore, Ma Chair, ARRA and CIC 1VOW, 7WEREF0RE, BE I7" RESOLVED, that 1, Marie L. Gilmore, Ma of the Cit of Alameda, hereb declare the month of March to be in the Cit of Alameda and j oin with the Lea of Women Voters and all voters in celebratin the tooth anniversar of Women's Suffra in California and urge residents to reco the work of the Lea in promotin civic en g ood g overnment practices, and voter education. Marie L. Gilmore Ma Cit Council A Item #3-A 03-15-11 in the Cit of Alameda and ur residents to j oin me in thankin all women who have served and are now servin the nation as members of the United States Armed Forces. Marie L. Gilmore Ma Cit Council A Item #3-1 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING SATURDAY- -FEBRUARY 19,2011- -9.-00 A.M. Ma Gilmore convened the meetin at 9:06 a.m. Roll Call Present: Councilmembers Banta, deHaan, Johnson, Tam and Ma Gilmore 5. Absent: None. The meetin was adjourned to Closed Session to consider: (11-096) Public Emplo (54957); Title: Cit Mana Ma Gilmore called a recess at 12:55 p.m. and reconvened the meetin at 1:45 p.m. Followin the Closed Session, the meetin was reconvened and Ma Gilmore announced that the Cit Council interviewed six candidates and discussed Cit Mana selection. Adjournment There bein no further business, Ma Gilmore adjourned the meetin at 6:25 p.m. Respectfull submitted, Lara Weisi Cit Clerk The a for this meetin was posted in accordance with the Brown Act. Special Meetin Alameda Cit Council Februar 19, 2011 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -MARCH 2011- -7:00 P.M. Ma Gilmore convened the meetin at 7:45 p.m. Vice Ma Bonta led the Pled of Alle ROLL CALL Present: Councilmembers Bonta, deHaan, Johnson, Tam and Ma Gilmore 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS ORDERS OF THE DAY ANNOUNCEMENTS 11- Proclamation Declarin March 1 throu March 31, 2011, as the Period for the Annual "Across the Pa an Alameda Communit Reads" Pro Ma Gilmore read and presented the Proclamation to the Librar Director. (11- Proclamation Proclaimin March throu June 2011 as Historic Preservation Season. Ma Gilmore read and presented the Proclamation to Judith L Historical Advisor Board (submitted a handout); Nanc Hird, Alameda Architectural Preservation Societ (RAPS and Robbie Dileo, Alameda Historical Museum. (11- )Presentation of 100 Best Communities for Youn People Award Pla to the Cit Council and Youth Collaborative Representatives. The Economic Development Administrative Specialist presented pla to the Council and Youth Collaborative Representatives. (1 Presentation on the East Ba Re Park District's (EBRPD New Tidewater Boatin Center. Dou Siden and Anne Kassebaum from EBRPD g ave a Power Point presentation. In response to Councilmember Johnson's in about launchin boats, Ms. Kassebaun stated non-motorized boats can be launched at the facilit Ma Gilmore stated the facilit is an excitin opportunit for ever in the area. Speaker: Miriam Schiffman, Alameda. Re Meeting Alameda Cit Council March 1, 2011 ORAL COMMUNICATIONS NON AGENDA (11- )Philip Tribuzio, Alameda, discussed Alameda Point. CONSENT CALENDAR Mayor Gilmore announced that Final Passage of the Ordinance [paragraph no. 11_ 1 was removed from the Consent Calendar. Councilmember Tam moved approval of the remainder of the Consent Calendar. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*11- Minutes of the Special Joint City Council and Alameda Reuse and Redevelopment Authority Meeting and the Regular City Council Meeting held on February 15, 2011. Approved. *11- )Ratified bills in the amount of $1,386,536.65. (*11- Recommendation to Accept the Quarterly Sales Tax Report for the Period Ending September 30, 2010. Accepted. *11.. Recommendation to Accept the Work of Gallagher and Burk, Inc., for the Buena Vista Avenue Street Rehabilitation Project, No. P.W. 02- 09 -05. Accepted. *I I Recommendation to Accept the Work of Gallagher and Burk, Inc., for the Repair and Resurfacing of Certain Streets, Phase 29, No. P.W. 02- 09 -06. Accepted. (*11- Recommendation to Accept the work of Suarez Munoz Construction, Inc. for the Webster Street/Wilver "Willie" Stargell Avenue Intersection Project Landscape and Irrigation Improvements, No. P.W. 06- 09 -18. Accepted. (I I- ordinance No. 3027, "Amending Sections 30--6, 30 -36, and 30 -37, of the Alameda Municipal Code to Improve the Design Review and Sign ordinance Provisions for the City of Alameda." Finally passed. Speaker: Christopher Buckley, RAPS. In response to Mr. Buckley's comments, the Planning Services Manager stated the Design Review Guidelines would be cleaned up to be consistent with the ordinance being adopted within 30 days; Community Development is undertaking two big initiatives: `i) review of the Historic Preservation ordinance, and 2} a comprehensive update of the Design Review Manuals; both will take time and resources; drafts should be done in a year; currently, buildings older than 1942 are deemed historic; the date has Regular Meeting Alameda City Council 2 March 1, 2011 been a concern, which will be tackled in the historic Preservation ordinance. Councilmember Tam moved final passage of the ordinance. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote 5. REGULAR AGENDA ITEMS Resolution No. 14553, "Increasing Civil Penalties for Parking violations of the Municipal Code and the California vehicle Code." Adopted. The City Controller gave a brief presentation. Speaker: Robb Ratto, Park Street Business Association (PSBA) (submitted a handout). Councilmember Johnson inquired whether tickets can be issued for parking on front and side yards since it is private property, to which Police sergeant Deutsche responded in the affirmative. Councilmember Johnson stated the Police Department memo explaining heavy vehicles was confusing and should be cleaned up. The Acting City Manager stated staff intends to clean up the memo to eliminate any confusion. Councilmember Tam stated that she thought the memo indicated there is no distinction between heavy and commercial vehicles. Mayor Gilmore concurred; stated one word should be used if there is no distinction. The Acting City Manager noted Code changes might be required. Councilmember del -laan stated that he is concerned about pickup trucks with commercial license plates. Mayor Gilmore inquired whether the State vehicle Code has a definition of commercial, to which Sergeant Deutsche responded in the affirmative; stated the state vehicle Code definition is any vehicle with a commercial plate, including from taxis up to semi trucks. Councilmember Tam inquired whether heavy vehicles. are always commercial vehicles, to which Sergeant Deutsche responded in the affirmative; stated Municipal Code Section 8 -7.9 defines heavy commercial vehicles as more than two axles, a combination of six feet high and eight feet wide, and includes tow trucks, dump trucks, moving vans, tractors, pole trucks, and pipe dollies. Councilmember deHaan stated more than two axles is a worthwhile definition that Regular Meeting Alameda City Council 3 March 1, 2011 eliminates pickup trucks. Councilmember Tarn stated it sounds like the distinction between commercial and heavy vehicles needs to be kept. The Acting City Manager stated staff would review the matter and ensure the definitions are consistent and clear; the matter would come back if changes are required. Councilmember Johnson stated the intent not to have a bunch of business vehicles parked on the street fits the definition of being a commercial vehicle without being a heavy vehicle; said restriction should not be wiped out. Mayor Gilmore stated City regulations require that home based businesses not be visible and not have cars on the street; called for additional discussion on fees. The Acting City Manager stated staff is fine with Mr. Ratto's suggestions, as well as modifying any others. Mayor Gilmore stated that she is okay with the fees proposed by PSBA; the matter could be revisited in six months if there are complaints. Councilmember deHaan stated that he would accept the PSBA recommendations other than lowering the $40 fee [to $38]. Councilmember Tana inquired whether parking in fire hydrants zones is a major problem, to which Sergeant Deutsche responded the violations started being cited more aggressively last summer; the 15-foot limit encroaches into parking spaces in the Park Street and Webster Street Business Districts; that he worked with Public works to have red curbs painted; the Fire Department calls the Police Department several times a year to report cars parked directly in front of fire hydrants. Councilmember Johnson stated marking off 15 feet for fire hydrants is a problem in congested neighborhoods with difficult parking; inquired whether red curbed areas could be required, instead of 15 feet, or whether 15 feet is an absolute requirement. Sergeant Deutsche responded 15 feet is a state requirement; the Police Department uses discretion; the Fire Department only needs four to five feet. Mayor Johnson suggested said amount be marked red. Sergeant Deutsche stated that he is working with Public works to address the issue. Councilmember Tarn stated that she would like the fine brought down to $75 for parking at fire hydrants. Mayor Gilmore stated certain intersections do not have red curbs; large automobiles Regular Meeting Alameda City Council 4 March 1, 2011 that park at corners block visibility, which can be a hazard; said areas need to be painted red. In response to Councilmember del- laan's inquiry about regulations prohibiting large vehicles from parking at corners, Sergeant Deutsche responded that he is not aware of any. Councilmember deHaan. inquired whether the first five violations generate most of the revenue, to which the Controller responded in the affirmative. Mayor Gilmore summarized the consensus is to change the $40 to $38, charge $75 for loading zone, and drop the fire hydrant amount to $75. Vice Mayor Bonta moved adopted of the resolution [with said revisions]. Councilmember Tam seconded the motion. Councilmember Johnson inquired whether direction could be given to staff regarding painting curbs red near fire hydrants. The Acting City Manager stated staff is already doing so. On the call for the question, the motion carried by unanimous voice vote 5. Vice Mayor deHaan requested clarification on regulations governing parking at corners. Vice Mayor Banta left the dais at 8:49 p.m. and returned at 8:50 p.m. CITY MANAGER COMMUNICATIONS (11- )Green Thumbs, Green Minds Seed &Garden Tool Library The Library Specialist gave a Power Point presentation. Councilmember Johnson stated that she likes the idea of the tool library, which should be expanded; Oakland and Berkeley both have tool lending libraries; further stated there is a movement to have trees which produce something edible in public landscaping; said idea should be reviewed. Speaker: Melanie Wartenberg, Wedge Neighborhood Association. Councilmember deHaan stated t victory gardens have been discussed; inquired whether Community Action for a Sustainable Alameda has been tasked with reviewing the matter. Regular Meeting Alameda City Council 5 March 1, 2011 Mayor Gilmore responded looking for areas for urban farming has been done in conjunction with the urban greening grant. The Deputy City Manager Development Services stated the City received a $250,000 grant to put together an urban greening plan, which includes components for a park master plan and an urban farm and garden plan; the plan would identify potential sites for urban farms and gardens. Councilmember deHaan inquired whether the opportunity [mentioned by Ms. Wartenberg] at the East End [former Island High site] could be reviewed. The Deputy City Manager Development Services responded the site or other Fast End locations could be reviewed. Mayor Gilmore inquired whether the School District Surplus Committee has come up with a recommendation for the site. Ms. Wartenberg responded that she was on the Committee; stated the Committee recommendation was that the property is surplus. In response to Mayor Gilmore's inquiry whether there is a recommendation regarding usage, Ms. Wartenberg stated the School District has to abide by a procedural. order when offering the property, beginning with Recreation and Parks; the Committee deferred to following the Education Code and did not make a particular recommendation; the Committee's report stated which parties came to assert desire for the property. Councilmember Tarn stated the School District has carved out areas for community gardens; City park land adjacent to schools present good opportunities, especially on the Fast End. The Deputy City Manager Development Services stated said areas would be reviewed; stakeholder interviews would be conducted; the School District is a major stakeholder. Councilmember del -laan stated the gardens within schools are for educating the students; inquired whether community gardens are being discussed. The Deputy City Manager Development Services responded the plan is comprehensive, would not just look at community gardens, and would look at urban farming opportunities, including with schools. In response to Councilmember del- laan's inquiry regarding Alameda Point, the Deputy City Manager Development Services stated the Alameda Point Collaborative (APC) has Ploughshare Nursery, an urban farm, and a community garden; the City would learn Regular Meeting Alameda City Council 6 March 1, 2011 from APC's experiences. Councilmernber Johnson inquired whether the School District sells or transfers the land, to which the Acting City Manager responded that she believes the land is sold. ORAL COMMUNICATIONS NON AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (11- )Vice Mayor Bonta announced that he attended a new councilmember training put on by the League of California Cities in January. (11- Councilmember deHaan stated there was a recent dedication at Mastick Senior Center. Councilmember Tam stated approximately $250,000 in funding for the renovations came from the Advisory Board. Mayor Gilmore stated the ribbon cutting was well attended; Home and Garden Television (HGTV) also gave a charitable donation as a result of filming in town; outlined the improvements. Councilmember deHaan suggested that a letter of appreciation be sent to FIGTV and the Senior Center. Advisory Board. (11- Councilmember deHaan requested an update on the status of the golf course. The Acting. City Manager stated staff intended to have a special meeting on February 16 t a week before, she received information about the financing mechanism to make renovations; the mechanism is not going to work; that she is waiting for Kemper to provide information on alternate sources of funding before corning back to Council. There being no further business, Mayor Gilmore adjourned the meeting at 9:15 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 7 March I 2011 .UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -MARCH 1 2011- -7:91 P.M. Mayor Gilmore convened the meeting at 9:16 p.m. ROLL CALL Present: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore 5. Absent: None. AGENDA ITEM (11- )Discuss and Appoint the Community Stakeholders to Serve on a City Manager Interview Panel. The Human Resources Director gave a brief presentation. Mayor Gilmore noted the staff report lists the five community groups proposed by the subcommittee [Margie Sherratt, Board of Education; Jordan Battani, Alameda Hospital Board; Dr. Jannett Jackson, College of Alameda; Doug Biggs, Alameda Point Collaborative; and Jeff Cambra, Chamber of CommercelllllABA]. Cou ncilmember Johnson stated that she has received questions regarding the Alameda Business Alliance (ABA requested clarification about said organization. Vice Mayor Bonta responded Mr. Cambra, the ABA representative, serves on the West Alameda Business Association (WABA) Board and Chamber of Commerce Board; the ABA was an ad hoc business group pulled together to discuss the school Parcel Tax; Mr. Cambra worked with members of the business community to find an acceptable tax st ru ct u re. Councilmember Johnson inquired whether someone just representing the business community was considered. Mayor Gilmore responded Mr. Cambra was chosen because he is also on the Chamber Board and WABA Board; the subcommittee was thinking one person would be gearing different business hats. Councilmember del -laan stated his concern is ABA is not an official body. Vice Mayor Bonta stated the list could read Chamber of Commerce/WABA. Councilrnember del -laan stated using said listing makes more sense. Special Meeting Alameda City Council March 1, 2011 Mayor Gilmore stated the title could be changed; called for Councilmembers to provide the name of a representative. Councilmember deHaan selected Jane Sullwold. Councilmember Tara selected Date Quick. Vice Mayor Bonta selected Carl Chan. Councilmember Johnson selected Robb Ratto. Mayor Gilmore selected Brad Shook. Councilmember deHaan noted WABA would have two representatives [Mr. Cambra and Mr. Shook]. Mayor Gilmore stated that she selected Mr. Shook as a business person /Chief Executive officer type. Vice Mayor Bonta moved approval of appointing the five members listed in the staff report and the members selected by each Councilmember. Mayor Gilmore listed the names of the person selected by each Councilmember: Jane Sullwold, Kate Quick, Carl Chan, Robb Ratto, Brad shook. Councilmember Johnson inquired whether the list includes someone from the real estate community; and questioned if not, should another spot should be added. Vice Mayor Bonta responded Mr. Chan is a realtor. Councilmember deHaan seconded the motion, which carried by unanimous voice vote 5. ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 9:24 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 2 March 1, 2011 UNAPT- "ROVED MINUTES OF THE SPECIAL CITY COUNCIL MEET WEDN ESDAY- -MARCH 2 201 1 -5:30 P.M. Mayor Gilmore convened the meeting at 5:40 p.m. Roll Cali Present: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore 5. Absent: None. The meeting was adjourned to Closed Session to consider: 11- Conference with Labor Negotiators; Agency negotiators: Joe Wiley, Craig Jory and Human Resources Director; Employee organizations: Alameda City Employees Association, Alameda Fire Managers Association, Alameda Police Managers Association, Alameda Police officers Association, Alameda Police Officers Non Sworn, International Association of Firefighters, International Brotherhood of Electrical Workers, and Management and Confidential Employees Association. Following the Closed -Session, the meeting was reconvened and Mayor Gilmore announced that the Council provided direction to the Labor Negotiators. Adjournment There being no further business, Mayor Gilmore adjourned the meeting at 8 :00 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council March 2, 2011 CITY OF ALAM EDA Memorandum To: Honorable Mayor and Members of the City Council From: Fred Marsh Controller Date: March 10, 2011 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 235879 236401 (Vendor Checks) $2 V22007 V22168(ACH Retiree Medical Benefit Reimbursements) $124,381.13 EFT986 EFT999(Vendor Wire Transfers) $2,276,542.19 Void Checks: 235531 ($1,000.00) 235326 ($77.92) 235739 ($480.71) GRAND TOTAL $4,899,097.07 Respectfully submitted, r- 7Ax4k..., v Controller BILLS #5 -B Council Warrants 03/15/11 3115/2011 00 O 0 o 0 N m w ❑1l -m r-I N ['''i O N C- 0 0d+ m 0 rn G} r- r- Lr) Lr) Ln LnC- H Q O O LD o Nr- NLnQl d'odv o m N m md'di4 -r1 4 m o o O m mmmm mt- H 0 O O Ln LI r-f di Ldp r� N r� lD r d' Ln Ln dr r l0 r- N r; o r-f kp (Y) r� r C3 C) Co r~I 03 Co Co 0 Co Cb r p o 0 m CQ w r- di m Q1 di w m di lD m H M M Co Ln N di di d Ln N o N N M H r rf r r M r m kD N rn V H r O w N w O M r-i O m v d m m 0 ('r) Cn P4 r-I H N E-+ x�a W 0 U U a> a N 1 4# Cn 1 H W r.� U 0 H U U] co Cl) E-+ U] P4 P� P4 P4 Py Pi W U] 0 CO rn M CM0 rn cn cn w 0 w w w w w P F:4 00 H W away 04 D� W w z W UUUUU u 'z,',� Ei aaaa �D H H H w ,`Ti i >4 w H p� U] HHHHH U] w H H CY,, M r"7 U) _q 9 a Ur HHHHHHHHH H EA �4 W 0 W �-i WMCnM a a a HHHHHHHHH E-1 0 Z �9: W 04 04 04 P�1:4 Q CI] co C4 04 W a Cn UUUUUUUUU U U H N WWWWW 1 w M P4 P4 Pa a a H aaaa 4 54 4 4 W'rD H rn H 04 v] HHHHHHHHH Pl; 04 04 rx P4 04 r4 P4 P4 w P4 a Q W x W U]U}U]U]U] F:4 0 H UUVU �D a HHHHHHHHH z a 04 P� 04wP4 I w w pi HHHH NP4 H W UuUUUUUUU 0 H H U wwwww a WW H AAAA NZ x �D H WWWWWWWWW U H W O[7000 1 w Ix 04 9 w wwww 00 01 000000000 W 0 0 H 9944 I Ix pp Pa a CU U 7 W 04 WWWWWWWWW P� w w 04 a4 04 a s 0 C) 0 C 0 w 0 00 0 0 0 o 000000000 H 0 0 H o 00000 E-1 m Wl0 LD w mmmm Ln LO d+ H r-I M H H r -I H H H H H r -i m l0 m H m NNNNN U rn o o O 0 0 0 0 0 I• r- 0 0 O 0 000000000 N (D O w m 00000 U di r-I H H H r-I r-A H H r-i r-I w lD m m m M M m m m rn m m r-I r-i m H r-I N N N N N w LD w �,0 w Lr) Ln Ln ur) Lf] Lo kD LD LO kD l0 w �0 kD k0 W lD lD w N k0 Lr) m LO �0 kD W lD lD Q w U E-1 H H U] U U U W E-+ 1 C7 P4' PZ PW' H W U H H H H H Cf) r z H W W H P, P4 P4 94 P4 P4 P4 P4 P4 P U z a H H a fx va Wwwwwwwww w H H P W, P4 P4 P4 aC7 U] Ua CnU3cnrn 0 �D H �3: �3: �3: :R: :3: �3: �9: �9: Kc U wwwww W W W W W P� Cn Cl 000 0 U P4 a w sx w U (nU)cnU) a 9 awaawwwaa a x w U a FX4 0 �4 i i U 0 H F 000 H w P4 0 14 F4 F4 W U] x zzzzz U 1 04 R' z H U Qi 4i<F 4 `V 4 L8 0 w W HHHHH W I P4 W >4 :>I >i W H �-1 04 a a a a41:14 04 N a4 121 z H 00000 FA ,W, I Cn CO Cl) E E E E x H 1[(', H H H H H H H H H. 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Ln Ln un Ln a N N N N N N om UF:4 WW. k-Dw k.DW 0 E-1 W a di d' d' d+ di 4x o w AC1 U NN N N CN W P H z Ln W� wa H F3 0 0U P4 P E-q �o E-+ w F: H N o U o F:�> cri Cl) H AH H H N UP HH A A o 00 E 0 0 1 00 C/I W W CI) CO H U0 u H H 0 U F4 A G4 U z H 0 H N H W a A P� F< r rn O H E-i H 0 0 w H �r A 9 65 �x om CO W 0 E-1 4x o w u 0 P H W� F3 0 0U E-+ w F: H F:�> HW H AH UP HH W U A FC 00 U E-i U o o W ox U W H U F:4 a U w PQ 0 H z W H rnU rn� 0 op Z 0 w� H a U z H W H,�q H 0 F:4 �H 0 x 4 xw H �H xw wN w al U '�i'� H 0 A AU o H OQ a AA P4 m Ix W W rn rn G4 >A mrn W W CF) H rn Ha ww ww H D! o Ww H 0) o 0 P4 P4 z w W 0 �U o rnrn H H q Fi as mm H 1040 m as �H w W H ri di p p� A U U rl r� H W z E-+E� a 0 a, 0H CC) ww q�0o NH U N a 0 A O OD HN HH a�H cn N W rn4 w U Ln m 00 E-1 1-1 00 E4 H H 0 U F4 A G4 U z H 0 H N H W a A P� F< r rn O H E-i H 0 0 w H �r A 9 65 00 E-i W o o 00 00 11 d{ a 00 00 00 Ln Lo r-� r-r- r-r- U 00 00 00 NN W a M rn m m rn rn w w w x r-I r r-f r-I r-I 00 0.1 UP NN NN NN [-i- w H :2i Ln WQ H R+ A F P r-i o Q� =o N o UU o V) Cl) H H N AA o 00 00 E1 P 00 U) W w cn Q E4 u U� 00) xU �rn cn W o E-+ �x ow u oW EA E4 W� h0 0 a E� a l< H F:�> Q H U P W H 4 F:4 �9 �A o0 Q �x x (y)m U E U 00 f� W 0x U �H W U H U pq W m U P� H a°Q z a, U rn� o 0E-+ 7N r-f O w� U C7 P4 o H W p4 W W EA O Q 0 �4 O H�� U E-4 r--I U a H o U U w 0P4 ZN WE1 WP A U Q U o xw z H Uzi u E� wW Cl) cul r-I r-1 H AA Z AA r-I P E44 OO ww w U) 0 PA P� U U z H P4 0 H rn Q 0 E-+ o r-I p p U� r-I AA u �H o c <U a UU P4 P4 xa H H Q W E-1 E-, r P PS al PQ Q u r-I r-I H W I P CO CO P E1 Zap U w 00 mw 04 P4 W r-I r-q C] 0 Q m 0.'l W w 00 ate•• ��4 w O P toM Na c o) 0 H cv U co CO W w o Qo HE-, U 0 o OWW Ei wo a U A w as E-1 F E-+ E-4 E 1 <H W Ln 00 00 00 M A E ca U 00 E4 E-i Ei E-+ P P H P R 0 U A W U H 0 H E-+ W a Q C7 Cl) 0 w H H H 0 r-f 0 w E-� A CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Lisa Goldman Actin Cit Mana Date: March 15, 2011 Re: Award a Contract in the Amount of $69,390 Annuall for a. Period.of Five. Years to Accela, Inc. for Accela Automatio.n Land Mana and Citizen Access Softw Licenses and Mana Service Fees, a nd Autho the Actin Cit Mana to Execute the contract and Related Documents i 0 P J In 2001, the Cit of Alameda entered into a five- contrac with Ac.cela, I nc.. to provide permit-trackin software in a hosted enviro Th.is contra was renewed for an additional five y ears in .2000. In.itiall this softwar w a s u b C Development for the trackin of co permits from application throu .:final inspection. Over time, functions have been added to track work product for Plannin Public Works, Alameda Municipal Power (AMP Code Enforcem and ...Fire Prevention. In. 201 the. Cit added Accela's Citizen Access::Module, which allows the online application and issuance of simple permits and 24/7.: pu b I i c access to permit records, inspection results, and the status .of permits.datin back to the earl 1980.S. DISCUSSION Communit Development, Public. Works, Fire Prevention and A MP utilize. the Accela Automation Land -Mana s to track all activities processed through the Permit Center. Additionall Code Enforcement uses the s to track the status of. code complaints, and Fire. Prevention. t annual fir inspections,. This s is mana off -site a nd .is therefore a 24/7 throu an internet connectio As this is a hosted application all stora backup, maintenance and :re updates are handled o'111-site and across all users.. In earl 2010, the Cit Up the public accessibilit of this...s Currentl members of the public c permit records includin inspection .:results datin back to the earl 1980's. Current permit. informatio n is also available online. Applicants or interested parties can track:the s tatus. of a. p moves through the review process. This in the -im access. to plan review. comments, conditions of approva..1 and inspection results. Licensed contractors, Frith a valid. Cit Business License, can appl for and .obtain permits. for simple projects. Thes projects include water heaters, re-.roofs, electrical service chan furnace. replacements, etc. Cit Council A Item #5-C 03-15-11 Honorable Ma and March 15, 2011 Members of the Cit Council Pa 2 of 3 Staff is presentl workin with Accela to develop the abilit to handle more complex projects entirel online and hopes to be testin that capabilit in the near future. The proposed annual contract of $69,390 is split between the Communit Development Department ($54,097.65) and Fire Prevention ($15,292.35). Revenues g enerated throu the collection of the Permit Trackin Fee on each permit are sufficient to cover the Communit Development portion. Fire Prevention Inspection fees cover that portion of the contract. Several other companies that provide land mana trackin were asked to q uote a price to provide a comparable product. Of the three companies contacted, one did not respond. One responded and provided a bid that was competitive with that from Accela on an annual basis. However, when coupled with the cost to convert to a new s and the staff time necessar to complete this conversion, this vendor's overall cost was hi than Accela's. The q uote from the remainin compan was far in excess of Accela's proposed cost and would not be for a hosted product, therefore, re the up of at least one Cit server to handle the .workload. Additionall the proposed annual cost for Accela represents a 7.5% decrease from the current annual contract price, resultin in a savin of $28,000 over five y ears. FINANCIAL IMPACT The funds for this contract are bud in the Communit Development account for Active Server Pa (ASP), #481003-61066, and the Fire Department account for Contractual Services #3220-61060. IBM Award a contract in the amount of $69,390 annuall for a period of five y ears to Accela, Inc. for Accela. Automation Land Mana and Citizen Access software licenses and mana service fees, and authorize the Actin Cit Mana to execute the contract and related documents. Rd submitt Jennifer Ott Deput Cit Mana Michael Fisher Actin Fire Chief Honorable Mayor and Members of the city council Approved as to funds and account, Fred Marsh Controller Exhibit: March 15, 201 Page 3of3 1. Accela Contract CONSULTANT AGREEMENT THIS AGREEMENT, entered into this I st day of April 2011, by and between CITY OF AL.A.I'+iIEDA, a municipal corporation (hereinafter referred to as "City;), and _Accela Inc. a California corporation whose address is 2633 Camino Ramon, Suite 120, Bishop Ranch 3, San Ramon, CA 94586. (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly exising under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the shill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for Maintenance and support of building permit software hosted by Accela upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: I TERM: The term of this Agreement shall co on the I st da y p of April 2011 and shall terminate on the 31 st day of March 2016, unless terminated .earlier as set forth herein. 2. SERVICES To BE PERFORMED: Consultant shall perform each and every service as set forth: 2.1 Maintenance Services Telephone Support. Consultant will provide City with a telephone number to contact the Customer Resource (CRC), Consultant's live technical support facility, which is available from 4:00 a.m.. until 6:00 p.m. Pacific .time Monda through Friday, y. g y, excluding Consultant's observed holidays. A list of these observed holidays will be provided to the City prior to final execution of this agreement. csamuels HD: Users: csamuels:Dropbox: Working: Contract Accela -Alami January 20, 2011 City Council Exhibit to A Its 03-15-11 E -Mail Support. Consultant will provide City with one or more electronic rail addresses to which City may submit routine or non critical support re ues pp q ts, which Consultant will address during its regular business hours. Online Support. Consultant will provide City with access to archived software updates and other er technical information in Consultant's online support databases, which are continuously available. Remote Support. When required to properly resolve a maintenance request, Consultant will provide remote assistance to City via the webEXTM meetin g Center TM en iror meat or another mutually- acceptable remote communications method. Software Updates. Consultant will provide revisions of and enhancements to maintained software products to City as such updates are. enerall released b p g y y Consultant. Software updates will be delivered or made available to .City .for electronic download from Consultant's Pile Transfer Protocol "FTP site. Maintenance Limitations. The following re not covered b this.A reement g y g ,but may. be separately available at rates and on terms which may vary from those described herein: a) Services required due to misuse of the Consultant- maintained .softwa.re products; cts, b) Services required due to software corrections, customizations, or modifications not developed or authorized by Consultant; c) Services required by City to be performed b y Consultant outside of Consultant's usual working hours d) Services required due to external factors not related to the Software; e) Services. required t o resolve or work- around conditions wh ich cannot be .reproduced C onsultant's support env ironm ent fj Services. which relate to tasks other than maintenance of Ci 's existing implementation and configuration of the Consultant maintained software products including, but net .necessarily limited to, enhancing or adap ting such roducts for p g .p specific operating �environments; g) Services requested by City to implement software up dat e s provided b consultant p p y pursuant. to this Agreement; and h) New or additional applications, modules, or functionality released b y Consultant during the terra of this Agreement. Legacy Releases. Consultant will p rovi de maintenance support for the current release of each o f its rnairtained software applications and for the release irnrnediatel r ecedin g yp such current r elease All other re lea ses are deemed to be "Legacy. Releases Consultant will respond to maintenance requests concerning e a c relea oral using curreritl g g y y g y. available in formation. Services requiring addltiona.l research, en ineerin -level su ort g g pp or coding or. programming by Co will not be provided. pursu to this Agreement, but may be separately available at rates and on terms which m a y vary from those described herein. csamuels HD: Users: csamuels :Dropbox:Working:Contract Accela-Alameda CA REMISED 03012011.docx January 20, 2011 2.2 Ho st i gg S ervic es Scope of Hosting Services. Consultant will provide the hosting services described in this Section for the following software products: Acceia Automationg Land Management and Accela Citizen A.ccessTM "Hosted applications System Administration and Security. The Hosted Applications will be hosted b pp y Consultant on Consultant -owned equipment at a physically- secure co rnrnercial third party hosting facility, Consultant will performs stern administration duties as required to maintain the service levels described below. and to facilitate timely restoration of City's data and operations, if necessary, following unanticipated interrup of the Hosted Applications. Consultant will implement suitable network security measures to minimize the likelihood of unanticipated interruptions of the Hosted A lications. p pp Infrastructure t avail ability. Consultant will provide C it .with no less than twee four (24) hours notice prior to Hosted Applications unava .ilab *l ty due to planned maintenance and will provide five (S) business days' notice rio to an p y planned network, server hardware, operating environment, or database modifications of a material nature.. Excluding the foregoing plann events, Consultant warrant that th Hosted Applications will be generally available no less than nine -ei ht er cent (9 8% g p of each .calendar day. For each calendar day during which the availability of the Hosted Applications does not achieve th established standard, Consultant will credit one hundred dollars ($100.00) to City's account as liquidated damages rovided that the g �p substandard availability is identified by City in writir g or by e -snail to Consultant and can be obj ectively verified.. Credits accumulated ursuant to this Section may be a lied p Y pp to additional Consultant products and/or services, but will not be refunded to Ci 2.3 warranty Consultant will commence and complete the oblig ations described in this A ent in a g g good and workmanlike manner, consistent with the practices and standards of care generally accepted within and expected of .Consultant's induct to ensure th the operation and availability of.the .rna ntaine and hosted ap do not materially Y differ from documented specif cations. Consultant may make re peated efforts within a reasonable time period to resolve operational is sues. an a erational issue cannot p be resolved, City' exclusive remedy will be damages in an amount equal to the total of maintenance and hosting fees paid to Consultant for the defective .or non- conforrnin .g software .products during the twelve (12 calendar months immediately eeedin the yp g occurrence of the unresolved operational. issue. 3. COMPENSATION TO CONSULTANT Consultant s hall be co mpens at ed for. servic performed pursuant t this Agreement in the amount set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. Payment shall be m ade by checks drawn on the treasury of the City, to be taken from the Community Deve lopment fund, and Fi re Department. csamuel5 HD: Users: csamuels :Dropbox:ldorking:Contract Accela- Alameda CA REVISED 03012411.docx January 20, 2011 4. TIME IS of THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE Consultant agrees to perform all services hereunder in a manner co inrnensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship ith City. ty 6. INDEPENDENT PARTIES City and Consultant intend. that the relationship etween there created b this P y Agreement is that of employer independent contractor. Th manner and means of conducting the work are under the control of Consultant exce to the extent they are limited by statute, rule or regulation and the express terms of this A greernent. No civil service status or other right of erriployrnent mill b� a c a ire d b vi rtue of Consultant's q y services. None of the benefits provided by C i ty to its employees, inc lud in but not limited to, unemployment insurance, workers compensation plans, vacation and sick leave are available from City to Consultant, its en p to ees or agents. Deductions shall y not be made for any state or federal taxes FICA. paym en ts, PERS a. m ea ts or oth p Y S or normally associated .with an employer- employee relationshi from an fees due p y Consultant. Payments of the above items, i f required, are the responsi of Consultant. 6. IMMIGRATION REFORM AND CONTROL ACT RCA Consultant assumes any arid all responsibility for verifying the 1dentity and employment authorization of all of his/her employees perforrnrg work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and aga an loss damage, g Y liability, costs or expenses arising from any noncompliance of this pro b p Y. Consultant. 7. NON DISCRIMINATION: Consistent with City's policy that harassment and discrlml*nation are unacce table p employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant o r Consultant's. employee or subcontractor on the. basis' of race, religious creed, color, national origin, ancestry, handic disability, marital status, re nan sex a e p g Y� a g or sexual orientation will not be tolerated. Consultant agrees that any. a all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS Indemni fication Consultant shall indemnify, defend, and hold harmless City, its. City Council boards commissions, officials, employees, and volunteers ("Indemnitees") from and against any and all loss, damages, liability, claims, suits, costs and. expenses whatsoever, including reasonable attorneys' fees ("Claims arising from or in any. manner connected to csamuels HD: Users: csamuels :Dropbox:Working:Contract Accela- Alameda CA REVISED 03012011.docx January 20, 2011 Consultant's negligent act or omission, whether alleged or actual, regarding performance of services or work conducted .or performed pursuant to this Agreement. If Claims are filed against Indemnitees which allege negligence on behalf of the Consultant, Consultant shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence is not found on the part of Consultant. However, Consultant shall not be obligated to indemnify Indemnitees from Claims arising from the sole or active negligence ne li willful g g or ul misconduct of Indemnitees. Indemnification For Claims for Professional Liability. As to Claims for professional liability only, Consultant's obligation to defend Indemnitees (as set forth above) is limited to the extent to which its professional liability insurance olio p y will provide such defense costs. 9. INSURANCE On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations. covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C, D and E. Such. certificates, which do. not limit Consultant's indemnification, shall also contain substantially the following statement: "'Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide -thirty 30 days' advance written notice to the City of Alameda by certified mail, Attention: disk Manager." It is agreed that Consultant shall maintain in force at all times durin the g performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE Consultant shall maintain the following insurance coverage: {l) Workers' Com ensation: Statutory coverage as required by the State of California. (2) Liabili Commercial general liability coverage in the following minimum limits: Bodily Injury: $1 each occurrence $2 aggregate all other Property Damage: occurrence S250 .000 aggregate If submitted, combined single limit policy with aggregate re ate limits in the amounts of $1,000,000 will be considered equivalent to the required rninimurn limits shown. above. (3) Automotive Comprehensive automotive liability coverage in the following csamuels HD: Users: csamuels :Dropbox:Working:Contract Accela- Alameda CA REVISED 03012011.docx January 20 2011 minimum limits: Bodily Injury: $1,000,000 each occurrence Property Damage: $250,000 each occurrence or Combined Single Limit: 0,000,000 each occurrence (4) Professional Liabiii Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $2,000,000. B. SUBR.OGATION WAIVER Consultant agrees that in the event of loss due to any of the perils for which he /she has agreed to provide comprehensive general and automotive liability insurance Consultant shall look solely to his /her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect.to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE To SECURE: If Consultant at any tune.. during the term. hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated b the p y Consultant for the costs of the insurance premiums at the maximum um rate ertnitted b law p y. and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED wriri .nnnnnnninninnnrnrrrrrriri uirinn jinni. �rrrrrninnninn�rrrnnnnnmmr _w..w.w.� City, its City Council, boards and commissions, officers, employees and volunteers shall be named as. an additional insured under .all insurance coverages except any professional liability insurance, required by th is Agreement. The naming of an additional insured shall not affect any recovery to which. such .additional insured would be entitled under this policy if not .narned as such additional insured. An additional insured named herein shall not be held liable for any rerniurn, deductible portion of an p p y loss, or expense .of any nature on this policy or any extension .thereof. Any insurance held by an additional .insured shall not be required to contribute anything q y g toward any loss or expense. covered by the insurance provided by this policy. y E. SUFFICIENCY off' INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate .coverage for Consultant. 10. CONFLICT OF INTEREST Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant ma y required uired to fill out a conflict q of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 1. PROHIBITION AGAINST TRANSFERS: csamuels HD: Users: esamuels :Dropbox:Working:Contract Accela- Alameda CA REVISED 03012011.docx January 20, 2011 Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise., without p rior written consent of City. Any attempt to do so without said consent shad be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. Notwithstandin Consultant may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially all of its stock or assets. 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those eo e and. p p subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and .shall also be required to q carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 13. PERMITS AND LICENSES: Consultant, at his/her sole .expense, shall obtain and maintain durin g the terra of this Agreement, all appropriate permits, certificates and licens.es including, but not limited to, a City Business License, that may be required in. connection with the performance of services hereunder. 14. CIT'Y DATA. City warrants that it exclusively owns its data and that it has both the right and. the authority to provide such data. to .Consultant. Ci retains full ownership of its data and grants to Consultant a limited, nonexclusive, nontransferable license to use said data only .to perform Consultant 7 s obii ations g in accordance with the terms and conditions of this Ag reement. Within thirty 3 D g calendar days following termination or expiration of this A City may y request that Consultant provide a complete copy of City'. s data as be updated or modified by City's use of the hosted applications, to City in a machine- readable format. Consultant will comply in a timely manner with such request, provided that City a) pay all costs of and associated with such co in py g as calculated at Consultant's then- current time- and material rates; and b) pads all unpaid amounts. due .Consultant. 15. RECORDS: Consultant .shall maintain complete and accurate records with res ect to sales, p costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.. All such records shall be maintained in csamuels HD: Users: csamuels :Dropbvx:Werking:Cvntract Accela- Alameda CA REVISED 03012011.dacx January 20. 2011 accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant sham provide free access to such books and records to the representatives of City or its designees at all proper tunes, and gives City the rig to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and .activities related to this Agreement. Such records, together with supporting documents, shall be ke p separate arate p from other documents and records .and shah be maintained for a 3 eriod of three ears p after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to. adhere to appropriate ro riate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City. for all reasonable costs and expenses associated with the supplemental examination or audit. 16. NO'T'ICES All notices, demands, requests or approvals to be given tinder this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the de osit thereof in tie T nited States p Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at:. City of Alameda 2263 Santa Clara Avenue, Room 190 Alameda CA 94501 Attention: Erin Garcia All notices, demands, requests, or approvals from Cit y to Consultant shall be addressed to Consultant at: Accela, Inc. 2633 Camino Ramon, Suite 120 Bishop Ranch 3 San Ramon, California 94583 17. TERMINATION In the. event. C on sulta nt falls or refuses to perform a ny of the p rovi hereof at the time and in. the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within .a d of seven p (7) d a ys after receipt by Consultant f ro m City o f wr i tte n notice of default, specifying the nature of such default and tree steps nec essaryy. to cure suc 1 def c ity may terminate the Agreement fo rth with by giving to the C writt notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as prodded herein. Upon termination of this Agreement, each party shall pay to the other p a rty that csam uels HD Users csamuels :Dropbox:Working:C©ntract Accela- Alameda CA -w REVISED 030120I1,docx January 20, 2011 portion of compensation specified in this Agreement that is earned and unpaid prior to the P effective date of termination. 1 8. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by Ci ty. 19. CONFLICT of LAW: This Agreement shall be interpreted under, and enforced b y the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subj t o all valid laws, orders, rules, and regulations .of the authorities having jurisdiction. over this Agreement (or the successors of those authorities. Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda State of California. 20. CONFIDENTIALITY Definitions "Disclosing Party" and "Reci Tent" refer res ectivel to the p art tivhich p P y y. discloses information and the party to which information is disclo in a iven exciian e. g g Either Consultant or City may be deemed Disclosing Party or. Recipient dependin on the circumstances of a particular communication or transfer of inforrnation. "Confidential Information" means all disclosed informati g p on relatin in whole or in art to Harr p ublic data proprietary data compilations, computer source c od es, cow fi or object c odes scri ted p ..p programming statements'. byte .codes, or data codes, enti relation or wo rkflo.w diagrams, financial records or information, client records or information, business plans, or worlsin- progress, even where such warps, when completed, would not neces y comp Confidential Irforrnaton. The foregoing lis. ting i s not intended by the Parties to be comprehensive, and any information which Disc osin Pa marks or otherwise deal Hates g .g as "Confidential" .or ".Proprietary" will be deemed and treated. as confidential Ir�forrna&n, to the extent permitted under all applicable laws, includin California Public Recol•ds het. g Information which qualifies as "Confidential Information'. may be presented to 'Recipient in oral, written, graphic, and/or machine- readable. formats.. Regardless of presentatin format, such information will be deemed and treated as .C onfid en t i al Information t the ext permitted under all. applicable laws, including the California Public Records Act Notwithstanding, the following specific. classes. of information are not "Confidential Information" within the meaning of this Section: a) information which is in Recipient's possession rior to disclosure b Disclosi p y g. Party• b) information which is available to. Recipient from a third ar wi thout violation p art y of this Agreement or Disclosing Party's intellectual roe rights; p p c) information disclosed pursuant to Publicity Section below� d) information which is in. the public domain at the .time o f disclosure. b Disclosing Y g Party, or which enters the public domain from a source other than Recipient after disclosure by. Disclosing Party; e) information which is subpoenaed by governmental or udicial authority; and J f) information .subject to disclosure pursuant to all applicable laws, including the California Public Records Act. csamuels HD:Users: csamuels :Dropbox:Workinq;Contract Accela- Alameda CA REVISED 03412011.docx January 20, 2011 Confidential i Term. The obligations described in this Secti commence on the Effective Date and will continue until two (2) years following any termination or expiration of this Agreement "Confidentiality Term Confidentialit bli ations. During the Confidentiality Terra, roteet Reci ient gill p p the confidentiality of Confidential Information using the same degree of care that it uses to protect its own information. of similar importance, b ut will in any ease u se no l than a reasonable degree of care to.protect Confidential Information. Reci ient will not directly y or indirectly disclose Confidential Information or any parr thereof to any third ar without p Disclosing Party's advance express written authorization to do so. Recipient may d isclose Confidential Information only to its employees or agents under its control a nd direction in the normal course of its business and only on a need -to -know basis. In res p ond* g to a request for Confidential .Information, Recipient will cooperate with D g Part y in a timely fashion and. in a manner not inconsistent wi th applicable laws, to protect the Confidential Information to the fullest extent possible, 21. PROPRIETARY RIGHT The remedial methods, software updates, and product info ro v'ded t o p City. pursuant to this Agreement are protected under the laws of the United States and th e individual states and by int treaty provisions. Consultant retains full ownership in such items and grants to. City a limited, .nonex nontransfera l icense to use the iterns, subj eet to the terms .and conditions of th i s A greens ent and other agreements between Consultant and City. 22. LIMITA'T'ION OF LIABILITV Consultant. provides no warranty. whats for any third -party h a rdwa r e or software products. Third -party applications. ut ilize o r rely upon the AP P lic aton Services may be adversely. affected by remedial or other actions performed pursuant to this Ag C bears no. l for a nd h no obl i gat ion to re medy. such effects. E as set forth herein, Con s ultant p rovi des a ma int enance Services "as is" without express or. implied. warranty of any kind regarding the caracter, function, C apabiliti es o r ap of such s ervices or del ivera bles. To the ex te nt riot offset by its insurance .coverage and to the maximum ext pe by applica laves, in no event wi ll Co nsultant' s cum ulative l ia b ility for any ge neral, in ci dental, spe cial, compensatory, or punitive damages whatso .suffered by. City .or any other person or entity exceed the fees paid to Consultant by City during the twelve (1 ca lendar months immediately preceding the circumstances which give ri to such claim(s). of liabili even if Consultant or its agents have been advised of the possibility of such damages. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or ailov to be posted, exhibited displayed any signs, advertising, show.bills, lithographs, posters or cards of any bind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER csamuels HD: Users: csamuels :Dropbox:Working:Contract Accela-- Alameda CA REMISED 03012011.docx January 20, 2011 A waiver by either party of any breach of any terra, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term., covenant, or condition contained herein, whether of the same or a different character. 25. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal. agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to snake such insertion on application by either party. 27. CAPTIONS. The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first written. CONSULTANT Accela Inc By Colin Samuels Title Asst. Cog. S ecretar Ap to Fore CITY T F By, CITY OF ALAMEDA A /Municipal Corporation By Lisa Goldman Title Acting City Manager RE OMMENDED FOR APPROVAL: By Gre r ann Title Building Official n By Michael J Fisher Title Interim Fire Chief csamuels HD: Users: csamuels :Dropbox :Working:Contract Accela- Alameda CA REMISED 03012011.docx January 20, 2011 APPROVED AS TO FORM: City Attorney By Title Assistant City Attorney csamuels HD: Users :csamuels:Dropbox:Working:Con ract Accela- Alameda CA REVISED 030120 1.docx January 20, 2011 EXHIBIT A COMPENSATION First -Term Annual Managed Service Fees for Accela Automation Land ManagementT (31 Users Building Department 5% Customer Discount First Terra Annual Man a ed Service Fees for Accela Citizen Access Buildin 9 De artrnent 50% Customer Discount First -Term Annual Managed Service Fees for Accela Automation Land Management (9 Users Fire Department 15% Customer Discount e+es. Second -Term Annual Managed Service Fees for Accela Automation Land Management 3 1 Users Building Department 5% Customer Discount Second -Terra Annual Managed Service Fees for Accela Citizen Access LBuildigg Department 50% Customer Discount Second Annual Managed Service Fees for Accela Automation Land Management (9 Users Fire Department 15% (tjStnmp.r Disr.nitnt Fourth -Tenn Annual Managed Service Fees for Accela Automation Land. Management (31 Users. Building Department 5% Customer Discount Fourth -Term Annual Managed Service Fees for Accela Citizen Access (Building De artrnent 50 Customer Discount Fourth -Terre Annual Managed Service Fees for Accela Automation Land Management (9 Users Fire Department 15% Customer Discount Fifth -Term Annual Managed Service Fees for Accela Automation Land Management (31 Users Buildinq 5% Custo1 111er DIScou1 Fifth -Term Annual Managed Service Fees for Accela Citizen Access Building Department) 50% Customer Discount Fifth -Term Annual Managed Service Fees for Accela Automation Land Management (9 Users j Fire Department 5% Customer Discount Maintenance Agreement (MA), Version 06122009 $61,969.00 $9,295.35 $2,848.00 A ,424.00 $17,991,00 ($21698.65) $9,295-35 $2 1 ,424: $17 ($2,698.65) $61,969.00 ($9,295.35) $2,848.00 ($1,424.00) $17,991.00 ($2 $6 .1,989.00 ($91.2 $2,848.00 $1 1 424.00 $1 .7 12,698.65) Page I of 2 First -Term Managed Service Fees cover the period of April 1, 2011 to March 31, 2012 and are due on April 1, 2011. Second -Term Managed Service Fees cover the period of April 1, 2012 to March 31, 2013 and are due on April 1, 2012. Third -Terri Managed Service Fees cover the period of April 1, 2013 to March 31, 2014 and are due on April 1, 2013. Fourth -Terra Managed Service Fees cover the period of April 1, 2014 to March 31, 2015 and are due on April 1, 2014, Fifth -Term Managed Service Fees cover the period of April 1, 2015 to March 31, 2016 and are due on April 1, 2015. END OF DOCUMENT T Maintenance Agreement (MA), Version 06122009 p age 2 of 2 CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Lisa Goldman Actin Cit Mana Date: March 15, 2011 Re: Award a Contract in the Amount of $279,000, and Authorize a $40,000, Approximatel Fourteen Percent Contin to Urban Metro Environmental, Inc. for the Demolition of Boarded and Vacant Structures at 136, 140, 1442 146 148 Barbers Point Road, 104 Glenview Road, and 105 106 Norfolk Road and Authorize the Actin Cit Mana to Execute the Contract and Related Documents j a ff9 M 11611112 1 On April 20, 2004, the Cit Council authorized $201,160 in Communit Development Block Grant (CDBG} fundin for the Bli Busters. Pro In April. 2005, April 2006, and December 2006, the Cit Council added .CDBG. funds to. the Pro for a total bud of $395,172. Four vacant structures adjacent .tothe. Alamed Point Collaborative APC communit were demolished in 2007, leavin a balance of $229,443. S .no proposes to supplement the Bli Busters Pro g ram funds. with .'$90,000 unobli monies from the currentl underwa CDBG-funded W to Webster Str Improvement Project for demolition of a ddi t ional st for a total bud amo of $319)443. Ei former 4- and 8 -plea apartment.buildin at Alameda .Point, that have been boarded and vacant for more than ten y ears., have. been prioriti .for dem b the Econ Development Department, the Alameda Police Department, and the Alameda Point Collaborative. In Januar 2011, a Call for Bids was issued and advertised accordin to the Federal CDBG rules and re A notice of bid was published in the Alameda Journal, as well as posted on the Cit website in order to solicit the m number of bids. The Call for Bids was also posted on The Blue Book Northern California edition. DISCUSSION These 4- and 6-ple alon with approximatel 20 other similar buildin were identified for demolition in the Preliminar De velopment Concept for Alameda Point. No previous plans for Alameda Point contemplated reusin these vacant and deteriorated buildin The demolition of these ei structures has been prioritized because of the ne impact the have on the q ualit y of life of residents in the APC communit The Cit Council A Item #5=0 03-15-11 Honorable Mayor and March 15, 2011 Members of the City Council Page 2 of 4 demolition of 136, 140 144 146 148 Barbers Point Road, 104 Glenview Road, and 105 106 Norfolk Road removes visual blight, allows visual access to the large open spaces, and helps reduce petty crimes. These physically blighted vacant buildings are centrally located within the APC residential in addition. to being close proximity to the gateway to Ploughshares Nursery and. ma housing along Main Street. In anticipation of the demolition, extensive environmental testing was completed, and abatement and demolition specifications were prepared and included in the bid document. On February 1, 2011, the City Council awarded a contract for completion of. the Woodstock to Webster Street Improvement Project, including a 20 percent. contingency. Sufficient funds are remaining in that project budget to transfer to. the..Bl Buster Program to maximize the number of structures to be demolished.. The proposed transfer of funds from the Woodstock to. Webster.. Street Impro.vement Project to.. the Blight Busters Program does not constitute a. substantial change to the City's C Consolidated Plan. and Annual Action Plan. as defined in the City 's..CDBG Citizen Participation Plan; therefore, an amendment to .t.he Action Plan is not needed. A total of 30 contractors attended the .mandatory pre -b meeting. Subsequent to .the pre -bid meeting, three addenda were issued. to clarify and. extend the bid due. date in response to a request from a bidder. Bids were opened on February 15 20 11. Nine contractors submitted bids as follows: Bidder Location Total Bid Urban Metro Environmental, Inc Sacramento, CA /Atlanta, GA $279 CPIVI Environmental Rom .Kon Inc. San Francisco, CA San Francisco, CA 478 7 790. 0 0 Performance Abatement Services Richmond, CA 491,521:00 Evans Brothers Inc. Livermore, CA .5.75 Janus Corp Concord, CA 6.107100.:0.0 Parc Services Livermore, CA 778.;140100 West `Coast Environmental Bluewater Environmental Services, Inc Rancho Cordova, CA San Leandro, CA 849,600.00 $:867 The bids included. the .abatement and. demolition costs using. unit. pricing for each structure. Staff recommends awarding the contract to ..U.rban Metro Environmental .the apparent lowest responsible bidder, in the amount of $279,0��, and authorising a contingency of $40, 000, approximately 14 percent, for the abatement and demolition of eight buildings..and authorizing the Acting City Manager to execute the contract and related documents. Honorable Mayor and Members of the City Council FINANCIAL IMPACT March 15, 2011 Page 3of4 The funds for this project are budgeted in the Economic Development Department's CDBG account for capital projects (236 6235.2- 623507 and 236 6235.2 623550). Expenditure of these CDBG funds is contingent upon the U.S. Department of Housing and Urban Development (HUD) issuing an authorization of release of funds. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The project's specifications and the Call for Bids were prepared in accordance with Federal CDBG rules and regulations. The call for Bids encouraged businesses owned by women and minorities to bid, and encouraged all contractors and other businesses providing services to the City to hire Alameda residents, pursuant to City Res No. 12278. ENVIRONMENTAL REVIEW The project is subject to compliance with the. National Environmental. Policy. Act (N EPA). Pursuant to NEPA, an Environmental Assessment vvas prepared: On February 18, 2011, the notice of Finding of no Significant Impact and intent to request a release funds was published in Alameda Journal. Following a 1 day comment period, and assuming no objections are received, the City of Alameda will submit a request to HUD. for the release of CDBG funds on or about March 7 2011. HUD will then issue an authorization to release funds. This demolition is an action taken to protect.the .environment from contamir atio.n S i nce as these buildings continue to deteriorate they. may release .contaminates into..ad jacent soil and properties. Therefore, staff has determined that the project is categorically exempt from the requirements of the California. Environmental Qual Act pursuant to Section 15308, Actions by Regulatory Agencies for Protection of the Environment. RECOMMENDATION Award a contract in the amount of $279,000, and authorize a $40,000, approximately fourteen percent contingency, to Urban. Metro Environmental, Inc..for the demolition .of boarded and vacant structures .at 136, 14 X44, 140 148 .Barbers Point Road 104 Glenview Road, and 105 106 Norfolk .Road and authorize the Acting City Manager to execute the contract and related documents. Rspetfully submitted, Jenhife�Ott Deputy City Manager Honorable Mayor and Members of the City Council Approved as to funds and account, March 15, 2011 Page 4of4 Fred Marsh Controller CITY OF ALAM E DA Memorandum To; Honorable Mayor and Members of the City Council From: Lisa Goldman Acting City Manager Date: March 15, 2011 Re: Approve Modifications to the Paratransit Shuttle Service, Appropriate $24,000 in Measure B Funds, and Authorize the Acting City Manager to Execute all Necessary Documents BACKGROUND The Americans with Disabilities Act (ADA) requires transit agencies to offer equivalent paratransit service for persons certified as unable to drive or take public transit. Paratransit services must be made available to eligible users within 3/4 mile of the existing fixed transit routes during normal operating hours. In Alameda, the mandated paratransit service is provided by East Bay Paratransit (EBP). Measure B, the Alameda County half -cent sales tax for transportation, provides a dedicated funding source for non mandated, locally based paratransit services for people with disabilities and non disabled seniors. The City of Alameda has used these funds to provide supplemental paratransit services to address service gaps, as well. as to provide additional non mandated services. In April 2010, the Public works Department implemented a Paratransit Shuttle service pilot program. The City Council directed staff to return with an update on the effectiveness of the service and to include the Social Service Human Relations Board and the Recreation and Park Commission in its review. The shuttle service has proved to be successful; however, staff recommends modifications to the service based on community feedback and staff analyses. DISCUSSION Currently, the Paratransit shuttle service is available to Alameda seniors, 52 years and older, and to residents certified to use EBP at no cost. The shuttle provides pre- registered senior and disabled residents with access to major Alameda destinations, including shopping centers and medical facilities as follows: Cit Councill Ag I tem Honorable Mayor and Members of the city council March 15, 201 Page 2 of 7 East Loop (Wednesdays): Alameda Towne centre (at Trader Joe's), Park Street, Kaiser Permanente, Alameda Hospital, Mastick Senior center, Waters Edge Lodge senior housing, and Harbor Bay Landing Shopping Center. West Loop (Tuesdays and Thursdays): Alameda Towne centre (at Trader Joe's), Park Street, Kaiser Perrnanente, Alameda Hospital, Mastick senior Center, Webster Street including the Farmers Market on Tuesdays, Marina Tillage Shopping Center, Independence Plaza senior housing, cardinal Point senior housing, and Alameda Point. The service is operated by MV Transportation. In August, based on user feedback, the start time for the service was modified to start an hour earlier (9:00 a.m.) to better accommodate the riders' needs (Exhibit 1). Ridership There are currently 581 individuals enrolled in the Paratransit Program and 191 people registered for the shuttle program. Thus, approximately 775 people are currently able to use the fixed route Paratransit shuttle service. The ridership is remaining steady at about 500 passenger boardings per month (Figure 1). Staff performed a cost per trip comparison between the shuttle service and the taxi program for the past six months and determined that the shuttle service is more cost effective. Staff estimates that the cost for the shuttle service averages about $12 per trip while the taxi program averages about $18 per trip. In fact, as the shuttle program attracts more riders, as it has been, the cost per trip will continue to decrease. It is for these reasons that staff proposes to modify the existing shuttle program. Figure 1: City of Alameda Paratransit shuttle Boardings per Month 250 K Honorable Mayor and March 16, 201 Members of the City Council Page 3 of 7 Total ridership for these ten months equals 3,118 passenger boardings, with the most popular stops as follows: Mastick senior Center: 1,117 passenger boardings (31 Alameda Towne Centre. 580 passenger boardings Golden House Adult Development: 336 passenger boardings (9 Marina pillage Center: 261 passenger boardings (7 Independence Plaza: 260 passenger boardings (7 The Tuesday /Thursday shuttle route had a total of 2,778 passenger boardings from April through January. The Wednesday shuttle route had a total of 874 passenger boardings during the same time period. More detailed ridership data by stop is shown in Exhibit 2. Marketing Current route schedules are available at the Mastick senior Center (Mastick), the Alameda Free Library (all branches), the farmers market, major senior residential facilities, and other key locations throughout the City. shuttle information is also available on the Alameda Paratransit Program website at www.AlamedaParatransit.com In September, Public works staff worked with a marketing consultant to create a newspaper advertisement and a corresponding image to be broadcast on the City's public access cable channel (Exhibit 3). The newspaper ad ran in the Alameda Journal in November and December 2010. The City's public access cable channel broadcast started in November 2010. In addition, the Paratransit Program was promoted using a street banner from late October through November, at three different locations in the City. Survey In August, the City conducted a survey of eligible shuttle service users (Exhibit 4). The objectives of the survey were to understand rider behavior, gauge rider satisfaction, and elicit feedback on future service changes. The City received over 120 completed questionnaires, which is a response rate of 21 percent. The following bullets outline key observations regarding respondent behavior, satisfaction and opinion on future service: Rider Behavior o Respondents vary in the number of times they go to work, shopping, visit family /friends, etc. per week at: Five or more times per week (24 Two times per week (21 one time per week (20 Four times per week (20 0 Three times per week (14 Honorable Mayor and Members of the city Council March 16, 2011 Page 4 of 7 o Tuesdays, Thursdays and Wednesdays are the preferred days of travel at 22 20 and 3 respectively. o The majority of shuttle trips (80 were taken in the morning. o The majority of respondents (64 stated that the shuttle helps them travel more. o Before the shuttle service, these same trips were mostly taken by: Dropped off by friend /family (23 City's Premium Taxi Program Private car (18%) Rider Satisfaction o All respondents stated that the drivers were courteous, the bus was clean and, if applicable, that wheelchairs were secured properly. o The majority of respondents (96 stated that the shuttle bus was on -tune for pick -ups and arrivals. o The majority of respondents (96%) stated that it was easy to register for the service and that they were satisfied with the service. o Respondent testimonials are shown below to provide a better understanding of the participant experience "A very nice and convenient service "Another wonderful service from Mastick" "Is a great addition to the Alameda paratransit system. It provides service more efficiently to more users at once" "An answer to many seniors' prayers" "Great boon for us seniors" "Thank you just lost use of my car" "Is a life saver...thank you for it" opinion on Future Service o over one -half the respondents (53 stated that they wanted longer hours. o The majority of respondents (82 stated that they would use the shuttle service if they were charged $1 to use the service all day. o over one -half the respondents (55 stated that they would use the shuttle service if they were charged an annual registration fee of $20. Staff also conducted additional interviews to better understand potential interest in the shuttle service by interviewing seniors, on the Paratransit Shuttle, at Mastick Senior Center, the Crown Bay pursing and Rehabilitation Center, the Marketplace, the Waters Edge Lodge, the Elders Inn, the fain Library, and in the homeowner associations along Shoreline Drive and on Bay Farm. Honorable Mayor and March 15, 2011 Members of the city council Page 5 of 7 Outreach —From December through February, Public Works staff presented the survey results and the proposed modifications to the Paratransit Shuttle Program to the Transportation Commission (December), the Recreation and Park Commission (January), the Social Service Human Relations Board (January) and the Commission on Disability Issues (February). Based on the comments received, staff has provided the following responses: 1. operate all three shuttle routes at the same time to allow for transfers and cross island trips. Response This request is not possible at this time given that the Paratransit shuttle service only has access to one shuttle vehicle. 2. Ask fora $1 donation from passengers riding the shuttle. Response The current vehicle does not allow the ability to collect and track the donations received. In addition, the estimated revenue is not expected to cover the resources required to collect and track the donations received. Recommendations for Shuttle Service Improvements Based on staff analysis and community feedback, the following improvements to the shuttle service are recommended'. Operate the west Loop on Tuesdays only instead of Tuesdays and Thursdays. This will allow more geographic coverage to other parts of the City. staff proposes keeping Tuesday as the West Loop due to the Webster street Farmers Market and a slightly higher Tuesday ridership compared to Thursday. Add a new central Loop on Thursdays to expand the geographic coverage to Shoreline Drive, Lincoln Avenue, the Marketplace, and the Bridgeside Shopping Center. staff estimates that 1,350 seniors or individuals with disabilities live in the estimated 2,250 condominiums and apartments along the vvestline Drive, Shoreline Drive, and Broadway corridors. The homeowner association managers who were interviewed estimated that between 33% and 50% of their residents are seniors or individuals with disabilities and about 50% of there live alone. Revise the west Loop to encompass more of vilest Alameda. currently, the shuttle only stops at one location west of Webster street. The proposed west Loop route recommends a total of six stops west of Webster Street to broaden the coverage in vilest Alameda. Revise the Bast Loop to encompass more of Bay Farm Island, Lincoln Avenue, and High street. currently, the Bast Loop has two stops on Bay Farm Island and does not stop east of Park Avenue on the main island. The proposed Bast Loop Honorable Ma and Members of the Cit Council March 15, 2011 Pa 6 of 7 route recommends a total of six stops on Ba Farm Island, three stops alon Hi Street and one stop at Otis Drive at Broadwa Reduce the eli a to use the shuttle from 62 y ears and older to 55 y ears and older to attract more riders. This recommendation will broaden the potential pool of shuttle riders without costin additional Cit monies. A lowered eli a will also attract more Mastick Senior Center members (the shuttle's hi attraction) to use the shuttle. Please refer to Exhibit 5 for the proposed schedules. FINANCIAL IMPACT To implement the above modifications, staff re an appropriation of $24,000 from the Measure B Paratransit reserves. This will fund $'13,000 for capital costs includin bus stop si poles, and benches, and $11,000 for additional staff costs.. Th staff costs are associated with implementin the approved modifications. ($53000) and providin additional public outreach ($6,000), includin printin /mailing the n service schedules and shuttle service advertisements. The shuttle service is funded with Measure B Funds in the Cit bud for FY1 0-11. The additional $24,000 would come from the reserve of the Paratransit Pro (Fund 287, Pro 4225), which totaled $128,867 as of June 30, 2010. There is no impact to the General Fund. MUNICIPAL CODE/P DOCUMENT CROSS REFRENCE The Paratransit shuttle service supports the General Plan Objecti 4.1.5 "Consider the transportation needs of the communit includin those with limited mobilit options and the General Plan Polic 4.1.5.b: "Continue to support the Paratransit pro ENVIRONMENTAL REVIEW In accordance with the California Environmental Qualit Act CEQA this pro is Statutor Exempt under CEQA Guidelines, Section 15723. Rates, Tolls, Fares, and Char with the findin that: 1. Chan are necessar to encoura ridership within the service area. 2. Chan are necessar to provide an e distribution of services. 3. Chan are necessar for capital pro and capital costs necessar to maintain service within the service area. Honorable Mayor and Members of the city Council [Larch 15, 2011 Page 7 of 7 In addition, the proposed new transit stops that are not already pre existing Ac Transit bus stops and which will include signage and benches for the shuttle service are Categorically Exempt under CEQA Guidelines, Section 15301 (c), Existing streets and Sidewalks. RECOMMENDATION Approve modifications to the paratransit shuttle service, appropriate $24,000 in Measure B funds, and authorize the Acting city Manager to execute all necessary documents. Approved as to funds and account, K_�� 'j, Fred Marsh Controller Exhibits: 1. Current Shuttle Service Schedules (as of January 2011) 2. Detailed Ridership Data by Shuttle Stop 3. Marketing Materials 4. Shuttle Service Questionnaire 5. Proposed Shuttle Service Schedules cC. Watchdog Committee 90,^ k 7 j 4-4 L— wt %W T— C) LM Q Nr 0 C) cr) LO Z cu c CU -0 t a m ca 0 Lo E (n LO CU ca V- 2 1. i. 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Y g i -e •F 4 x,F p r :.�G•' V'x'. .'s yam' -,.s •e..,,�;.d, .r� ALI gym r: 01 5• co CL CO 10 Ul CL NX I N1 r p S w �q. =r� 'ma ��.>y'i w•fi^% x. 5 .n S F b 7 s M% S y ✓9s ,s y s' a .•.'Y Pig A V- N N b -W7 r_.xhl*bl*t 2: Detailed Ridership Data b Shuttle St Alameda Paratransit Shuttle I I,--,-,,-------...........- Monthly Summar p ril 201 January 201 Cit c oll Exhibit 2 to M T F1 ff '71411R-M-i T�,Nkil 0. cz ca F ID w! ca CL. ID 0. cd co 0. co cz cm U) >1 ca (Ica ca a).. W. U cz W ca ca CL -0 M ca 'a' cts E ca E ca E 5 E cc =S: 4C3 -2 cz 15 co M Thu 2.. 10: 34% 34' 4. 9 40.. 99. 9. 9 51. 0 7 5 4 0 0:: 0. 0. 317.: Tue 1 B.. 311 23. 29 5 41 95. 17, 10" 46. 4.. W 3 4 3 2 0 0 341 Wed 0. 0% 0. 0 0. 0. 0. 58. T 41 32. 9 14. 17, 12 0. 0 1& 17 188 Thu 6' 81 24. 36. 4 10. 37. 86 7. 8. 30. 5 4 4 2 0 0 0 0. 271. Tue 6. 6. 20. 33. 16. 15 37. 123. 11. 6 57. 5. 14 3 2 0 0 0 0. 354. Wed 0.. 0. 0. 0. 0. 0. 0. 47.. 1.. 5. 42. 13. 13. 20 7 1 0 17; 23 1891 Thu 3. 13. 44. 28. 3. 4.. 52 104.. 8. 9 59. 4 8 7 5.: 0 0 0 0 351. Tue 2 2. 28. 22 25. 11 40' 113.'. 9. 2 58 7 14. 2. 5 0' 0.. 0'. 0. 340 Wed. 0. 0. 0.. 0 0 0 0. 63. 3. 5. 46 7. 16 8.. 9. 1 0.� 34 20 212.:. Thu 0' 8. 25. 24. 2. 1 30. 95. 5. 11. 34. 0. 3 5:': 3.. 01 0' 0 0. 246. Tue 1 1 16 31.: 11 29. 27 107 1 2. 54 2. 19. 5. 5 0 0 0. 0 3 .Wed 0. 0. 0. 0. 0 0 0. 65. 4 8.. 44. 6 19 19 6 1 0 22 29 223 Thu 2 9 23 11. 1 1 15. 44.. 2. 4 18 2. 41 3.. 2. 2. 0 0 0 143; Tues 0. 1 1& 8 14 7. 1T 18� 0. 2. 9 1 9. D. 21 0 0' 0. 0 104 Wed 0 0. 0. 0. 0.. 0. 0. 21.. 1 1 14. 4. 6 0. 7.. 0. 0 3. 5 62 23. 66. 26t 2W 109. 92 336 1 84:- 86 680 65 163 101.: 68 8. 2. 91. 89.. 3 1 2% 7'o 7% 3%. 3% 9%; 31 2% 2%. 16%. 2%. 4%. 3% 2% OW 0% 2%.. 2% Cit c oll Exhibit 2 to M T F1 ff '71411R-M-i T�,Nkil Exhibit 3: Marketin Materials Cit Council A Item #S-Ei Exhibit 44.1 Shuttle Service Questionnaire Page 1 Cit of Alammv---da The City of Alameda is conducting a survey to evaluate the City of Alameda's Paratransit Shuttle. Please take a moment to fill out the survey and return it in the enclosed, stamped, self addressed envelope no later than Tuesday, August 31, 2010 to Mastic k Senior Center, 1155 Santa Clara Avenue, Alameda, CA 94501. For questions about this survey, please contact Mastick Senior Center at (510) 747 -75060 1) Are you certified for East Bay Paratransit? ❑Yes No 2) have you used the City of Alameda Paratransit Shuttle? D Yes 11 No If not, why? Please ship to the "Opinion for Future Changes" section starting with question 18. Rider Behavior 3 In a typical week, how many ,tunes do you go to work, shopping, visit family /friends, etc.? (circle one) Count each time you go out and come home as one trip. 1 2 3 4 5 5 7+ trips per week 4) What are the days you travel most? (Choose only two) Monday Tuesday Wednesday Thursday El Friday Same on all weekdays Saturday Sunday Same on all weekend days 03-15-11 Exhibit 4: Shuttle Service questionnaire —Page 2 of 3 5) Do you usually travel on the Wednesday East Loop or on the Tuesday /Thursday West Loop? D Wednesday East Loop Tuesday /Thursday west Loop 6) Time of your most recent City of Alameda Paratransit Shuttle trip a.m. or p.m. 7) Does the City of Alameda Paratransit Shuttle help you travel more? Yes No If not, how did you travel for the same trip(: of Alameda Paratransit Shuttle? private car dropped off by friend /family member City of Alameda Premium Taxi program City of Alameda MRTIP program Other (Please explain) that you now take using the City [l AC Transit, Line 20 Cl AC Transit, Line 21 AC Transit, Line 31 E7 AC Transit, Line 20 8) Where do you normally get on and off the City of Alameda Paratransit Shuttle? East Loo (Wed West Loo Tues Thurs On Off On Off El Mastick Senior Center Mastick Senior Center Marina Village Center O Alameda Hospital Independence Plaza Alameda Towne Centre El W. Midway and Orion Anne B Diament Plaza D Cardinal Point Kaiser Permanente Webster and Santa Clara Alameda Theatre Alameda Hospital Main Library Alameda Towne Centre Waters Edge Lodge Anne B. Diament Plaza Harbor Bay Landing Kaiser Permanente Buena Vista &Walnut Alameda Theatre Buena Vista &Chestnut Main Library Buena Vista &Walnut Buena Vista &Chestnut Golden House Adult Development Rider Satisfaction 9) Was the driver courteous? ❑Yes No 10) Was the City of Alameda Paratransit Shuttle clean? 11 Yes No 11) Were you picked up within the times indicated on the schedule? ❑Yes No Exhibit 4: Shuttle Service Questionnaire —Page 3 of 3 12) Did you arrive at your destination on time? ❑Yes No 13) Did the driver secure your wheelchair /mobility device properly? Yes No 13 Not Applicable 14) If you use a service animal, was he /she treated appropriately? Yes No 13 Not Applicable 15) Has the Mastick Senior Center staff handled any complaints you have had well? 11 Yes No 11 Not Applicable 16) Was it easy to sign up for the City of Alameda Paratransit Shuttle service? Yes No 17) Overall, are you satisfied with the City of Alameda Paratransit Shuttle? El Yes Cl No If not, why? Opinion for future Changes 18) Where else would you like the City of Alameda Paratransit Shuttle to stop? 19) Would you like the City of Alameda Paratransit Shuttle to have longer hours than the current hours of 9 a.m .to 4 p.m.? ❑Yes No If yes, what are your preferred hours? 20) Currently the shuttle service is free to users. If the City of Alameda Paratransit Shuttle charged one dollar ($1) to use it all day, would you use the shuttle? Yes El No If the City of Alameda Paratransit Shuttle charged a $2o annual registration fee, would you use the shuttle? Yes No Please provide any other comments (Optional) Name Street city zip 'hank you for your participation in the City of Alameda Paratransit Shuttle evaluation! d O b� co a 4 55 k 3 S fr p' g s 8 y y B g g g g g a 3.. i z VA, krg [a r� r r r r: r g o 00 I Nt 0 T oa �0 per( 4� MI 4-1 Cu a� CU m CU (1) cu L. EL CIO M CA El cz� C/) 0 4 C O cu 0) S 20) (D ch Z a M 0 r.: L. I *a M 0. (D 4— (1) 0 CU E cn LU 00 0 Cu a) CL E Cc 0 a) 73 U. E cc o 0 0: CU a) U) (D (D .0 M 2 C 0 cl (D 0-0 0 C= 0 0 0 .J CZ 'J. m m Cc CU 4"0 (D. (D E cc a) UJ E a) r. cu m 0 a) c 0 a) 0 M a) 0 0 -a U) 0.. 703 C) 0 C 0 0 a 4-1 Cu a� CU m CU (1) cu L. EL CIO M CA El cz� C/) 0 4 C O cu 0) S 20) (D ch Z a M 0 r.: L. I *a M 0. (D 4— (1) 0 CU E cn C) C\1 m :3 CD LL 73 a) -6-0 cc 73 Q. D I cn Cu a) .0 73 a) 13 c ml LL LU 00 >10 4- U k i 0 0: C) C\1 m :3 CD LL 73 a) -6-0 cc 73 Q. D I cn Cu a) .0 73 a) 13 c ml LL 0: CU (D 4 a) 0 C). 0.. C) 0 0 a U) 01 0 O) m M 0 0 0 6 E 0. S. .0 0) cu 4-4 c X cu A. Cn. co C .0 Ch. r a) a) cu 4-a W. SMEM cu m 0. R=ff M� -wow* -f-J.. cu m 0 C13. 1.0 m cu X O 0 0 CU Ca Ca CL cu 0. 0 M.CU E E Rum= 0 o C: (D co cl) Cu 0 a E Im.. (D w a a) -=a E cu cu M. cy) cl) C: 05 4W no E E 4- E ROME CU Cu q Cu r*--. 0 4— 4. 0 c 0 Mo m cu m -1--a IN OB M� Lu *mJ U) 0=0 CD LO 0 0 M 0 MINS LU 0 0 0 Fm cu cu W.W. 2 m R� LM C) CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Lisa Goldman Acting City Manager Date: March 15, 2011 Re: Approve Modifications to the Paratransit Taxi service, Appropriate $5,000 in Measure B Funds, and Authorize the Acting City Manager to Execute all Necessary Documents BACKGROUND The Americans with Disabilities Act (ADA) requires transit agencies to offer equivalent paratransit service for persons certified as unable to drive or take public transit. Paratransit services must be made available to eligible users within 3/4 mile of the existing fixed transit routes during normal operating hours. In Alameda, the mandated paratransit service is provided by East Bay Paratransit (EBP). Measure B, the Alameda County half -cent sales tax for transportation, provides a dedicated funding source for non mandated, locally based paratransit services for people with disabilities and non disabled seniors, The City of Alameda uses these funds to provide supplemental paratransit services to address service gaps, as well as to provide additional non mandated services. DISCUSSION The Paratransit Program offers two taxi services: the Medical Return Trip Improvement Program (MRTIP) and the Premium Taxi Service. MRTIP is available free of charge to EBP certified riders with no travel restrictions. This service provides an unlimited number of free taxi trips when returning home from medical appointments, thereby eliminating the uncertainty of coordinating return trips with EBP. The Premium Taxi Service provides eligible residents a 50% discount on taxi rides with the City's transportation providers. This service is available to residents who are: EBP- certified; 75 years of age or older; or 70 years of age or older without a driver's license. Discount travel vouchers, which must be purchased in advance, are valued at $5.00 but cost $2.50. Individuals are limited to a maximum of ten travel vouchers per quarter, and multiple travel vouchers may be used per trip. For participants using a wheelchair and requiring a lift- equipped van, wheelchair travel vouchers are available at $2.50 each, with no distance restrictions due to unavailability of lift equipped vans with taxi meters. Cit Council A x r Honorable Mayor and March 15, 2011 Members of the city Council Page 2 of 7 There are currently 581 individuals enrolled in the Paratransit taxi programs, with approximately 00 active users each month. This represents a small portion of the population eligible to receive these program benefits. According to the 2009 American Community Survey, there are over 10,000 individuals 85 years and older and almost 7,000 individuals with disabilities in the City of Alameda. It is these individuals, seniors and individuals with disabilities, that the city's Paratransit Program aims to serve. To expand the Paratransit Program and provide for more efficient use of funds, Public Works staff proposes the following modifications to the existing taxi services: 1. Assign Alameda County as the Boundary for the Premium Tani Service and IVIRT1P Based on Public Works staff's analysis of the taxi program usage for the past year, the average cost for trips outside of Alameda County was approximately $50 per trip, whereas the average cost within Alameda county was under $20. During the past year, approximately 100 trips were taken outside Alameda county, which averages almost eight trips per month (see Table 1). Since the current program allows participants to travel for unlimited distances, continuing the program as is could result in substantial unbudgeted costs. Table 1 Paratransit Tani Service Trips Taken Out -of- Alameda county To determine what changes, if any, should be made to the city's program, staff conducted a review of Paratransit taxi services offered by other cities in northern Alameda County. All surveyed jurisdictions impose a geographical limit to the area covered by their services. For example, Oakland limits its taxi service to North Alameda County; Berkeley has a 50 -mile restriction; and Albany has an East Bay only restriction. To be consistent with other jurisdictions and reduce the program's overall costs, staff proposes to restrict the use of the taxi services to Alameda county. In addition, since almost all of the trips outside the county were made to /from San Francisco, a location served by EBP for all EBP eligible residents, staff expects limited impacts to the taxi service users from this modification. Furthermore, as Measure B is a countywide tax, and since the county offers a wide variety of services, a countywide restriction seems appropriate. MRTIP Premium Total Average Nov 2009 Number Oct 2010 of Trips Total Number Total Number Total Number Total per Cost per of Trips Cost of Trips Cost of Trips Cost Month Month Total 95 $4 6 $368 101 $5,071 8 $423 To determine what changes, if any, should be made to the city's program, staff conducted a review of Paratransit taxi services offered by other cities in northern Alameda County. All surveyed jurisdictions impose a geographical limit to the area covered by their services. For example, Oakland limits its taxi service to North Alameda County; Berkeley has a 50 -mile restriction; and Albany has an East Bay only restriction. To be consistent with other jurisdictions and reduce the program's overall costs, staff proposes to restrict the use of the taxi services to Alameda county. In addition, since almost all of the trips outside the county were made to /from San Francisco, a location served by EBP for all EBP eligible residents, staff expects limited impacts to the taxi service users from this modification. Furthermore, as Measure B is a countywide tax, and since the county offers a wide variety of services, a countywide restriction seems appropriate. Honorable Mayor and larch 15, 2011 Members of the City council Page 3 of 7 2. Limit the Use of MRT[P to Five Travel vouchers per Month for Each Eligible Resident staff reviewed the frequency of use of the MRTl P program for the past nine months, and determined that most participants use MRTIP five or fewer times per month (see Table 2). Paratransit taxi services offered by other cities in northern Alameda county use demand management strategies to limit trips or the cost of trips. For example, Albany reimburses taxi trips only up to $20 per trip; Berkeley provides up to $300 per year of free taxi travel vouchers to participants; Oakland provides up to $330 per year of free taxi travel vouchers to participants; and Emeryville limits expenditures per participant to $320 per year. Staff proposes to restrict the use of M RTl P to five travel vouchers per month for each eligible resident as a demand management strategy. This approach will spread the service over a wider number of potential participants while addressing budget concerns. As shown in Table 2, this will accommodate the majority of users. When compared to neighboring jurisdictions, Alameda's program with the proposed changes would exceed the benefits offered by other cities. staff estimates a maximum benefit of $1,200 per year for each participant, assuming the trip costs equal $20. Table 2 M RT[ P Participant Usage Assumes an average trip cost of $20 per trip. May June July August Sept Oct Nov Dec Jan 2010 2010 2010 2010 2010 201 2010 2010 2011 Active 36 47 46 40 47 48 42 42 49 Customers Participant 4 4 4 5 4 2 2 2 1 Usage 1 Ox per Month Participant 4 5 5 5 7 4 3 2 1 Usage 7x per Month Participant 6 8 5 6 8 5 4 2 1 Usage 5x per Month of Users 17% 7% 11% 5% 17% 0% 10% 5% 2% 5x per Month Savings $120 $160 1 00 $120 1 60 $100 $80 $40 $20 Estimate Assumes an average trip cost of $20 per trip. Honorable Mayor and March 15, 2011 Members of the city council Page 4 of 7 3. Require the Paratransit Transportation Providers to Install Taxi Meters in Lift equipped vans Taxi service providers are compensated at $2.50 per mile for Premium Taxi service and MRTIP trips that require the use of a lift- equipped van. The Premium Taxi service participants who require a lift- equipped van for wheelchairs pay $2.50 per trip and are able to travel an unlimited distance. This subsidy is considerably more than provided for ambulatory individuals who obtain 50% discount on taxi rides when using the Premium Taxi service. Since lift- equipped vans are typically not equipped with taxi meters, the taxi service providers cannot charge a taxi rate to the participant and instead charge a per mile rate. Eliminating wheelchair travel vouchers and using lift equipped vans with taxi meters will create a more equitable fee schedule for individuals in wheelchairs. These individuals will purchase the same Premium Taxi service discounted travel vouchers as the other participants. Welcome Transportation Group, one of the taxi service providers, has agreed to place taxi meters on all their lift- equipped vans to ensure a more equitable service for individuals in wheelchairs. Staff is in discussion with Veterans cab, the other taxi provider, regarding the installation of taxi meters on its lift equipped vans. 4. Place Expiration Dates on the Premium Tani service and MRTIP Travel Vouchers currently, the Premium Taxi service and MRTIP travel vouchers do not have a time limit for being valid, which has led to an accumulation of travel vouchers. Other city -based Paratransit taxi services in northern Alameda County, such as Oakland and Berkeley, use expiration dates to forecast operating costs. staff proposes to have all new Premium Taxi service and MRTIP travel vouchers be valid for one year. This strategy would reduce the on -going accumulation of travel vouchers and would enable staff to develop forecasts for ongoing operating costs. Participants still could accumulate travel vouchers for up to one year so that they could use there when needed at a future date. 5. Provide Additional $5,000 Funding for the FY10 -11 Paratransit Taxi service Program For FY10 -11, the budget for the Paratransit taxi service is $50,000. The current projections show that the budget may be exceeded, especially due to the variability in demand and the increased marketing efforts. To ensure that the city does not turn away prospective Paratransit taxi service customers, staff requests allocating an additional $5,000 for the program. Outreach —From December 2010 through February 2011, Public Works staff presented the proposed Paratransit Taxi Service Program modifications to the Transportation Commission (December), Recreation and Park Commission (January), Social Service Human Relations Board (January) and the Commission on Disability Issues (February). Based on the comments received, staff has provided the following: Honorable Mayor and March 15, 201 Members of the City Council Page 5 of 7 1 Extend and replace expired travel vouchers with new travel vouchers valid for one year. Response staff does not support this request as it would nullify the purpose of an expiration date. 2. start taxi meters once taxi begins moving and not once the pick -up begins for individuals in wheelchairs. Response One of the transportation providers, Welcome Transportation, already operates this way. The other transportation provider, veterans Cab, does not have taxi meters in its lift equipped vans. I Allow for a process to apply for dialysis consideration using MRTIP. Response Due to budgetary constraints, staff is recommending individuals in need of more than five MRTIP travel vouchers per month use EBP. This recommendation is consistent with other city -based taxi services in that they do not act as the primary transportation service for dialysis and other critical care patients. Conclusions Based on a review of Paratransit taxi programs in other Alameda County jurisdictions and community feedback, Public Works staff proposes the following Paratransit Taxi service Program modifications: 1 set Alameda County as the boundary of the Premium Taxi Service and MRTIP. Currently, the participants are able to travel an unlimited distance. This recommendation is expected to provide an annual estimated savings of approximately $5,000, assuming the current demand. 2. Limit the use of MRTIP to five travel vouchers per month for each eligible resident. Currently, MRTIP provides an unlimited number of free taxi trips when returning home from medical appointments. This recommendation is expected to provide an annual estimated savings of approximately $1,200, assuming an average trip cost of $20 per trip and the past demand. I Require Paratransit transportation providers to operate lift equipped vans with taxi meters. Using lift equipped vans with taxi meters will create a more equitable fee schedule for individuals in wheelchairs who use the Premium Taxi Service. This recommendation is expected to provide an annual estimated savings of approximately $500, assuming the past demand. Honorable [Mayor and Members of the City council March 15, 2011 Page 0 of 7 4. Place expiration dates on the Premium Taxi service and l RTI P travel vouchers. Currently, the travel vouchers do not have a time limit for being valid, causing an accumulation of travel vouchers. A proposed one -year expiration date for the travel vouchers would alloy staff to forecast operating costs. 5. Provide an additional $5,000 in Measure B funding for the FY 10 -11 Parat .ransit Taxi Service Program. Currently, no contingency fund exists. Contingency monies would help ensure that the City does not turn away prospective Paratransit taxi service customers, if the demand were to exceed the Paratransit Program budget. The proposed changes will bring the Paratransit taxi program in line with .neighboring jurisdictions and will not impact the users significantly. These recommendations are consistent with the service level guidelines that the Alameda County_ Transportation Commission's Paratransit Advisory and Planning Committee (PAPCO) have approved. FINANCIAL IMPACT The Paratransit taxi services are funded with Measure B Paratransit Funds in the City's budget for FY10 -11. There are sufficient funds available to provide the additional $5,000 requested by staff (Fund 287, Program 4225). There is no impact to the General Fund. MUNICIPAL CODE /POLICY DOCUME NT CROSS REI =RENCE The Paratransit taxi program supports the General Plan objective 4.1.5 "consider the transportation needs of the community, including those with. limited mobility options and the General Plan Policy 4.1.5.b: "continue to support the Paratransit program." ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), this project is Statutory Exempt under CEQA Guidelines, section 15723. Rates, Tolls, Fares, and Charges with the findings that. 1. changes are necessary to maintain service. within the service area. 2. changes are necessary to provide an equitable distribution of services. 3. changes are necessary for future financial forecasting. Honorable Mayor and Members of the City council RECOMMENDATION March 15, 2011 Page 7 of 7 Approve modifications to the paratransit taxi service, appropriate $5,000 in Measure B funds, and authorize the Acting city Manager to execute all necessary documents. By: Gail Payne Transportation coordinator Approved as to funds and account, Fred Marsh Controller cc: Watchdog Committee CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Lisa Goldman Actin Cit Mana Date: March 15, 2011 Re: Adopt Plans and Specifications and Authorize a Call for Bids for Otis Drive Rehabilitation, No. P. W. 08-10-21 BACKGROUND On September 7, 2010, the Cit Council authorized the Interim Cit Man ag er to file_ an application for $837,000 in Federal Surface Transportation Pro (STf'} fu for the rehabilitation of Otis Drive, from Westline Drive to Willow St This a federal pro administered b the Metropolitan Transportation Commission MTC In addition to the $837,000 in federal funds, the Cit Council appropriated $108,442 in Proposition 42 funds for the local match. The pro was desi and s u bmitt e d. to Caltrans with a Re for Authorization to Bid (E-76) on Februar 11, .2011. Before the project can g o out to bid it must be authorized b both the Cit Council and the Federal Hi Administration (FHWA). Authorization from FHWA.4s expected in April. DISCUSSION The project will repair and resurface approxima one mile of Otis Drive, from Westli Drive to Willow Street. Proposed work includes: repair of failed pavemen.t areas, replacement of curb ramps, installation of curb ramps-at the .drivewa entranc .to Lum School, spot replacement of curb and g utter to address. o .p o ndin g insta Ilatio.n of conduit at Grand Street for future traffic si improvements, and. f u ll width pavin with hot mix asphalt. A cop of the plans and specifications is on file in the Cit Clerk's office. FINANCIAL IMPACT The funds for this pro are bud in the Public Works Department's account for Capital Improvement Pro 91034 Otis Drive Rehabilitation pro with $837; 000 in STP funds Fund 310 and $108,442 in Proposition 42 Fund 212 local matchin funds. There is no impact to the General Fund. Cit Council A Item #5-F FITIAM-11 M"MIF-11, Honorable Mayor and March 15, 2011 Members of the city council Page 2 of 2 MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal code. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c), Existing Facilities. In accordance with the National Environmental Protection Act (NEPA), Caltrans has determined that the project is Categorically Excluded under 23 CFR 771.117(d), Activity d (1) Highway Rehabilitation. Adopt plans and specifications and authorize a call for bids for Otis Drive rehabilitation, Igo. P. W. 08-10-21. Respec I u fitted, Matthew T. Naclerio Public Works Director By: Laurie Kozisek Associate civil Engineer Approved as to funds and account, Fred Marsh Controller Exhibit. I Plans and Specifications (on file with the city clerk's office) CITY OF ALAMEDA Memorandum To Honorable Ma and Members of the Cit Council From: Lisa Goldman Actin Cit Mana Date'. March 15, 2011 Re: Adopt a Resolution for the Selection and Purchase of Holophane Streetli and Adopt Plans and Specifications and Authorize a Call for Bids for Park Street Streetscape, Lincoln Avenue to Webb Avenue and Central Avenue t6 San Jose Avenue, No. P.W. 10-09-30 Ila s i 091 If] Z I W� The Park Street Streetscape project is the second phase of streets.cape improvements within the Park Street Business District. The project limits are from Lincoln Av to Webb Avenue/Times Wa and from Central Avenue to San Jose Av enue. Completion of this project will provide an improved pedestrian friendl public space alon Park Street from Lincoln Avenue to San Jose Avenue. DISCUSSION The proposed improvements include: the removal of 2 e xistin g street. trees and. the plantin of 60 new street trees with irri in ac w ith. the Cit Master Street Tree Plan; the removal of ten existin streetli and the installation of..36 streetli the installation of bic racks and America Disabiliti Ac (ADA) accessible curb ramps; and the reconstruction of portions of curb, g utter, sidewalk, and street pavement, as needed, for the installation of the improvements. A curbextens.ion on the east side of Park Street at San Antonio Avenue will also be constructed for ADA accessibilit at the existin crosswalk. In addition, the pro includes. an "add alternate" to replace the existin parkin meters with parkin meter kiosks, based On total pro cost. The previous Park Street Street.scape project installed Holoph streetli from Central Avenue to Times Wa Avenue, purchased b the Cit provided to the contractor. Public Works staff proposes to use the same process and purchase the streetli directl from the manufacturer's distributor. This will maint consistenc between the two projects; reduce the -total proje since .there .rill be no contractor mark-up for the material; and enable the Cit to order the streetli prior to award. of the contract, thereb shortenin the contractor's waitin time for receivin the streetli and expeditin the construction schedule for the project. For these reasons the Public Works Department staff has submitted a public interest findin to Ca [trans for Cit Council A Item #5-G 03-1 5-11 Honorable Mayor and March 15, 2011 Members of the City Council Page 2 of 3 The previous Park street Streetscape project installed Holophane streetlights from Central Avenue to Times Way/Webb Avenue, purchased by the City and provided to the contractor. Public Works staff proposes to use the same process and purchase the streetlights directly from a distributor for Holophane. This will maintain consistency between the two projects; reduce the total project cost, since there will be no contractor mark -up for the material; and enable the City to go out to bid to Flolophane distributors to order the streetlights prior to award of the construction contract, thereby shortening the construction contractor's waiting time for receiving the streetlights and expediting the construction schedule for the project. For these reasons the .Public Works staff .has submitted a public interest finding to Caltrans for state approval. to. purchase directly from the manufacturer's distributor. staff requests that the City Council concur with this approach and adopt a resolution for the selection of Folophane streetlights and a call for bids upon E76 approval by Caltrans. A copy of the plans and specifications are on file in the City clerk's office. FINANCIAL. IMPACT The funds for this project are budgeted in the Public Works Department's account for Capital Improvement Program (90606) Park Street Streetscape, Lincoln Avenue to Webb Avenue and Central Avenue to San Jose Avenue, with Federal Earmark, Redevelopment funds (Fund 310), and Parking Meter funds (Fund 224). There is no impact to the General Fund. MUNICIPAL. CODE/POLICY [DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c), Existing Facilities. Honorable Mayor and Members of the City Council RECOMMENDATION March 1 5, 29 1 1 Page 3 of 3 Adopt a resolution for the selection of Holophane streetlights and a call for bids to Holophane distributers and adapt plans and specifications and authorize a call for bids for Park Street streetscape, Lincoln Avenue to Webb Avenue and Central Avenue to San Jose Avenue, No. P.W. 10 -09 -30 By: Ed Sommerauer Associate Civil Engineer Approved as to funds and account, Fred Marsh Controller Exhibit: 1 Plans and Specifications (on file in the City Clerk's office) CITY OF ALAMEDA RESOLUTION CIO. Lua 0 g� eo AUTHORIZING THE SELECTION OF H OLOPHANE STREETLIGHTS AND A CALL FOR BIDS TO HOLOPHANE DISTRIBUTORS FOR PARK STREET STREETSCAPE, LINCOLN AVENUE TO WEBB AVENUE AND CENTRAL AVENUE TO SAKI JOSE AVENUE, NO. P.W. 10 09 30 WHEREAS, the city of Alameda will construct Streetscape improvements on Park Street; and WH EREAS, new streetlights appearance were incorporated in the P.W. 10- 02 -13; and having traditional and architectural previous Park Street Streetscape, No. WHEREAS, the Park Street Business Association (PSBA) has chosen the streetlights manufactured by Holophane, Inc. to remain consistent with those previously installed; and WHEREAS, the Park Street Streetscape project has been declared Categorically Exempt under the California Environmental Quality Act, Section 15301(c), Existing Facilities; and WHEREAS, this selection will maintain consistency between the two projects; reduce the total project cost, and enable the city to order the streetlights prior to award of the contract, thereby shortening the contractor's waiting time for receiving the street lights and expediting the construction schedule for the project; and WHEREAS, the use of Holophane street lights would provide uniformity of maintenance and replacement parts. NO\1V, THEFORE, BE IT RESOLVED that the city council of the city of Alameda authorizes the selection and a call for bids to Holophane distributors for street lights for the Park Street Streetscape, Lincoln Avenue to Webb Avenue and central Avenue to San Jose Avenue, No. P.W. 10-- 09 -30. Resolution #5 -G C0 03 -15 -11 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 15th day of March, 2011, by the following Vote to wit: AYES: NOES: ABSENT: ABSTENTION: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 15th day of March, 2011. Lara Weisiger, city clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: Lisa Goldman Actin Cit Mana Date: March 15, 2011 Re: Ratif the Public Utilit Board's Approval of Amendment Two to A for Construction, Operation and Financin of Geothermal. Project Number 3 Amended and Restated Geothermal Project. Operatin A between Northern California Power A and the Geothermal Pro Participants; and Amendment Number One to Northern California Power Aaencv Facilities Aareement BACKGROUND B a resolution of its board dated June 2, 2009, Turlock Irri District .(TAD) provided formal notice to Northern California Power A NCPA and all. NCPA. members of its intent to terminate its membership in NCPA effective .no, later ..than April 1,. 2011, in accordance with the two- notice re specified in the Joint. Powers A WPA). The NCPA Commission established April 11 2011, as. the effective termination date for TI D's membership. In order. to finalize TID s withdraw. al.from.N.CPA, the local g overnin g boards of all the Geothermal. Project participants, includin g Alameda, must approve several amended NCPA a as described in this report. Over the past 18 months, NCPA staff has inventoried all.. rel a policies, and procedures and updated or developed new a polic documents, as necessar to effectuate TI D's withdrawal. The relevant NCPA a policies and procedures deemed necessar for review and/or revision fall into the followin three cate 1 Natural Gas Related Pro and Projects All work associated with natural g as- r elated pro and projects has been completed. Activit included ter m inatin g t Na Gas Purchase..Pro .Third Phase a removin TIQ from the natural. g as procurement and pipeline capacit mana ag reement, and mo d ifyin g natural gas- pipeline tariff a to reflect a split of pipeline capacit between NCPA a nd TID. No action is re b Alameda for g as related pro City Council A Item #5=H 03-15-11 Honorable Ma and Members of the Cit Council March 15, 2011 Pa 2 of 4 2 Obli under Existin Governance A to be Settled Prior to Exit NCPA and TID have ne a settlement to satisf provisions of the JPA specif that an si to the JPA terminatin its membership in the JPA is obli to pa its pro-rata share of all encumbrances and indebtedness of NCPA as of the date of termination. The vehicle for settlin all known and unknown claims has been. titled the "Exit A In addition to settlin all claims, it would be used. to .terminate certain remainin a between the parties that re terminati due. to the termination of membership and to establish dispute resolution scope li and processes for disputed pa This particular a re approval b the NCPA Commission and TID. No action is re b Alameda related to the Exit A 3 Geothermal Related Pro and Projects TID decided to retain its interests in Geothermal Project No. 3 e v en after withdrawin from NCPA. However, TID is not a si t the Geothermal Project Third Phase A and its ri and entitlements flow .instead from: Letter a between TID and g eothermal pro participants Palo Alto, Gridle and Plumas) b which project entitlement percenta are transferred. to TID Letter a between TID and NCPA b which NCPA a to treat TID as a project participant; and NCPA g overnance documents such as the Facilities A and the Geothermal Project Operatin A The letter a permit TID's commissioner to vote at NCPA. Commis meetin and thro its appointed repres on the.. NCPA Faciliti Committee. After April 1, 2011, TID will no lo have a com m issioner on the NCPA Commission nor have a representative. on the Facilities Committee to formall represent its entitlements in the g eothermal project. Similarl while TID is a si to the Facilities A that a provides that represen on .the Facilities Com is contin o bein an NCPA member. As a result, NCPA and TID staff have ne agreem .that will ensure that TID's .rights and obli g ations as embodied in t he.letter a are continu .in successor a to be. implemented upon TID's withdrawal, and that continuin NCPA member interests are protected in an e fashion. In order to finalize TID's withdrawal, all the Geothermal Project participants, includin Alameda, will need to approve amendments to three NCPA Geothermal Pro related a These a are: *Amendment Number Two to A for Construction, Operation and Financin of Geothermal Generatin Project Number 3; Honorable Mayor and March 15, 2011 Members of the City Council Page 3 of 4 Amended and Restated Geothermal Project operating Agreement between Northern California Power Agency and the Geothermal Project Participants; and Amendment Number One to Northern California Power Agency Facilities Ag reement. DISCUSSION The referenced agreements have been reviewed by the NCPA Facilities Committee, Utility Directors, Legal Committee and Commission at various points of completion over the last three months. The Legal Committee agreed in principle with the agreements as drafted at the time of their review and recommended that Commission approval of the Exit Agreement be conditioned on receipt of TID's executed copies of all agreements within seven (days) of the conditional approval of the agreements by the NCPA Commission. The Facilities Committee reviewed the final set of agreements on February 17, 2011 and recommended that the Commission approve the agreements. as attached in Exhibits 1, 2, and 3. The NCPA Commission approved all the agreements on Februar 24, 2011. The Public Utilities Board (Board) discussed this item at their February 28, 2011 meeting. The Board voted unanimously to approve the relevant agreements and recommends Council's ratification of their approval. TID's withdrawal from NCPA will be finalized upon approval of the Geothermal Agreements and Facilities Agreement Amendment identified above. FINANCIAL IMPACT The funds associated with TID's exit are budgeted in Alameda Municipal Power's account for NCPA's Power Cost Budget. The cost is expected to be under $30,000. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed ordinance does not affect the Alameda Municipal Code. ENVIRONMENTAL REVIEW This activity would not result in either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment, and is therefore not a "project" for purposes of the California Environmental Quality Act pursuant to CEQA Guidelines section 153780(a) and (b). RECOMMENDATION 1. Ratify the Public Utility Board's approval of Amendment Number T wo to Agreement For Construction, operation And Financing Of Geothermal Generating Project Number 3; Honorable Mayor and Members of the city council March 15, 2011 Page 4 of 4 2. Ratify the Public Utility Board's approval of Amended and Restated Geothermal Project operating Agreement between Northern California Power Agency and the Geothermal Project Participants; 3. Ratify the Public Utility Board' s approval of Amendment Number one to Northern California Power Agency Facilities Agreement; and 4. Authorize the General Manager of Alameda Municipal Power to execute all three agreements. Respectfully submitted, ie Girish Balachandran General Manager By: �Y cf_ JV Janet Oppio AGM Energy Resource Planning Exhibits: 1. Amendment Number Two to Agreement for Construction, operation and Financing of Geothermal Generating Project Number 3 Z. Amended and Restated Geothermal Project operating Agreement between Northern California Power Agency and the Geothermal Project Participants on file in the city clerk's Office 3. Amendment Number one to Northern California Power Agency Facilities Agreement cc: Public Utilities Board AMENDMENT NUMBER TWO TO AGREEMENT FOR CONSTRUCTION, OPERATION AND FINANCING OF GEOTHERMAL GENERATING PROJECT NUMBER 3 This Amendment Number Two to Agreement for Construction, Operation, and Financing of Geothermal Generating Project Number 3 "Amendment Number Two is made this 1st day of April, 2011 by and among the Northern California Power Agency "NCPA a California joint powers agency; the Cities of Alameda, Biggs, Gridley "Gridley Healdsburg, Lodi, Lompoc, Palo Alto "Palo Alto Roseville, Santa Clara, and Ukiah; the Plumas Sierra Rural Electric Cooperative "Plumas a rural electrical cooperative; and the Turlock Irrigation District "TID a California irrigation district (collectively the "Parties WITNESSETH: WHEREAS, A. Each of the Parties other than TID is a party to that certain Agreement for Construction, Operation and Financing of Geothermal Generating Project Number 3, dated as of July 1 1983; and B. Each of the Parties other than TID is a party to that certain Amendment Number One to Agreement for Construction, Operation and Financing of Geothermal Generating Project Number 3, dated as of August 1, 1983 "Amendment Number One and C. The Agreement for Construction, Operation and Financing of Geothermal Generating Project Number 3 as amended by Amendment Number One is hereafter referred to as the "Original Agreement" and as amended and supplemented from time to time is hereafter referred to as the "Agreement and D. Pursuant to the Original Agreement, NCPA agreed to construct, operate, and finance a certain geothermal generating project located in Lake and Sonoma Counties constituting the Project for the benefit of those parties other than NCPA executing it (the "Original Project Participants each of whom is entitled to its Project Entitlement Percentage of Project capacity and energy and is obligated to pay for the costs of said Project in accordance with Section 5 of the Original Agreement; and E. The Original Project Participants and TID entered into an Agreement for Transfer of Rights to Capacity and Energy of Geothermal Generating Project Number 3, Project Participant transferred to TID specified and varying East Block Entitlement Percentages of Project capacity and energy in each calendar year, to and including 2000, and, from calendar year 2001 until the end of the life of the Project, Gridley permanently transferred 0.118% of its 0.456% of East Block Entitlement Percentage of Project capacity and energy to TID, and Plumas permanently transferred 0.227% of its 0.91% East Block Entitlement Percentage of Project capacity and energy to TID; and F. Palo Alto and TID entered into an agreement dated December 30, 1985 (the "Second Transfer Agreement and pursuant to the First Transfer Agreement and the Second Transfer Agreement, Palo Alto permanently transferred all of its 12.316% East Block Entitlement Percentage of Project capacity and energy to TID; and G. The First Transfer Agreement and the Second Transfer Agreement are hereafter collectively referred to as the "Transfer Agreements and resulted in Gridley having rights to a 0.3360% Project Entitlement Percentage of Project capacity and energy, Palo Alto having rights to a zero %Project Entitlement Percentage of Project capacity and energy, Plumas having rights to a 0.7010% Project Entitlement Percentage of Project capacity and energy, and TID having rights to a 6.3305% Project Entitlement Percentage of Project capacity and energy, together with all additions thereto pursuant to section 7(d) of the Agreement, being referred to as the "Transferred Project Entitlement Percentage" and H. Gridley, Palo Alto and Plumas are hereafter collectively referred to as the "Transferors and I. The Transferors, while having permanently transferred all their respective rights to the Transferred Project Entitlement Percentage to TID pursuant to the Transfer Agreements, remain liable to NCPA with respect to all payments under the Agreement related to the Transferred Project Entitlement Percentage to the extent TID does not make such payments; and J. As of the effective date of this Amendment Number Two, the only outstanding bonds relating to the Project are NCPA's Geothermal Project 3 Revenue Bonds, 2009 Series A (the "?009 Series A Bonds issued under the Indenture of Trust, dated as of November 1, 1983, between NCPA and U.S. Bank Trust National Association, as successor Trustee (as amended and supplemented, the "Indenture and the Indenture is the only existing Bond Resolution for purposes of the Original Agreement; and K. The Indenture provides that NCPA will not consent or agree to any amendment of the Agreement which will reduce the payments required thereunder or which will in any manner materially impair or materially adversely affect the rights of NCPA thereunder or the rights or security of the holders of the bonds issued under the GEOTHERMAL THIRD PHASE AMENDMENT TWO Page 2 of 11 Execution Version Indenture; provided that nothing in the Indenture shall be construed so as to prohibit any other amendment of the Agreement; and L. The Parties desire to amend the Original Agreement to, among other things, reflect the terms of the Transfer Agreements by substituting TID for the Transferors as the Project Participant under the Agreement with respect to the Transferred Project Entitlement Percentage while, in order to avoid the appearance of the impairment of the security of the holder of any 2009 Series A Bond so long as any 2009 Series A Bond remains outstanding under the Indenture, each of the Transferors shall continue to remain liable for all payment obligations accruing under the Agreement which are related to the Transferred Project Entitlement Percentage such Transferor transferred to TID; and M. The Parties also desire to amend the Original Agreement to clarify that environmental attributes associated with the Project capacity and energy are included within the rights held by the Project Participants, including TID; NOWT, THEREFORE, the Parties hereto agree as follows: 1. Terms used in this Amendment Number Two and not defined herein have the meaning given to them in the Original Agreement. 2. To provide that TID, and not the respective Transferors, is the Project P"r,% P a rtici pa n t wi r espect to th T rans 1- roject E nt� tiem ent 1 P ercentage, App enc.ix "A of the .Agreement SCHEDULE OF PROJECT PARTICIPANTS AND EC PRO T' 1 ENTI'T'LEMENT PERCENTAGES is hereby amended in its ent irety to read as provided in Exh ibit 1 hereto to include a 12.661% TID East Bloch Entitlement Percentage g and a 6.3305% Project Entitlement Percentage and to correspondingly reduce the East Bloch Entitlement Percentages and Project Entitlement Percentages of the 'Transferors. 3. To recognize that the 2009 Series A Bonds were issued when the Transferors were the Project Participants with respect to the Transferred Project Entitlement Percentage, and to increase the security for the 2009 Series A Bonds by adding TID as the Project Participant with respect to the Transferred Project Entitlement Percentage while maintaining the respective payment obligations of the Transferors under the Agreement with respect to the Transferred Project Entitlement Percentage so long as any 2009 Series A Bonds remain outstanding under the Indenture, Section 5(fl of the Original Agreement is hereby supplemented by adding at the end thereof the following: "Notwithstanding anything in this Section 5(fl or elsewhere in this Agreement to the contrary, in the event the Turlock Irrigation District "TID should fail to timely pay any amount payable by it under the Agreement, which payment obligation accrued while any of NCPA's Geothermal Project 3 Revenue GEOTHERMAL THIRD PHASE AMENDMENT TWO Page 3 of 11 Execution Vers Bond, 2009 Series A "the 2009 Series A Bonds remained outstanding under the Indenture of Trust, dated as of November 1, 1983, between NCPA and U.S. Bank Trust National Association, as successor Trustee, as amended and supplemented (the "Indenture the City of Gridley "Gridley the City of Palo Alto "Palo Alto and the Plumas Sierra Rural Electric Cooperative "Plumas" and together with Gridley and Palo Alto the "Transferors shall remain contingently and secondarily obligated for each such payment in the following proportions, such that the security of the holders of the 2009 Series A Bonds with respect to the Agreement is not adversely affected by the addition of TID as a Project Participant and the reduction of the Project Entitlement Percentages of the Transferors with respect to the Transferred Project Entitlement Percentage: Transferor Gridley Palo Alto Plumas Share of Amounts Not Paid by TID 0.932% 97.275% 1.793% In the event TID fails to make a payment when due- under the Agreement, which payment obligation became due while any of the 2009 Series A Bonds remain outstanding under the Indenture, NCPA shall, not more than ten (10) days after the due date for such payment, send the written demand contemplated by Section 7(a) of the Agreement to TID and to the Transferors by electronic means or overnight delivery service or by such other means as shall provide for delivery the next business day. Such demand shall specify the amount due but not received by NCPA. If TID has not made the missed payment by the twenty -fifth (25` day following NCPA's sending the demand for payment, each Transferor shall, not later than the thirtieth (30` day from the date of such demand, pay its respective share of the amount specified in the NCPA notice of nonpayment from the sources specified in the Agreement for other payments thereunder by the Project Participants. The Transferors' contingent and secondary obligation for payments which TID fails to make when due under the Agreement shall cease, and the Transferors shall be relieved of all obligations to make payments pursuant to this Section 54 on the first date when no 2009 Series A Bonds remain outstanding under the Indenture; provided, however, that nothing in this sentence shall relieve any Transferor of its obligation to pay amounts which became due from TID under the Agreement prior to such first date. In addition to any other remedy available under the Agreement, each Transferor may directly recover from TID any payments made pursuant to this section as well as any costs or damages incurred by it as a consequence of the failure of TID to make any payment under the Agreement, including the recovery of any attorneys fees." GEOTHERMAL THIRD PHASE AMENDMENT TWO Page 4 of 1 Execution Version 4. The Original Agreement is hereby supplemented by adding a new Section 17 thereto to read as follows: 17. Attributes Associated with Project. A Project Entitlement Percentage of Project capacity and energy includes not only the rights to electric capacity and energy, but also the rights to a proportionate share of any associated attributes of the Project that either exist or may exist in the future. This includes attributes such as environmental credits, renewable energy credits, resource adequacy credits or other attributes associated with the production of electricity from a renewable energy resource, along with ancillary services. In all cases the right to a proportionate share of any associated attributes of the Project is subject to the terms of this Agreement including the provisions hereof .relating to the loss by a Project Participant of the rights to Project capacity and energy including the associated attributes Upon the request of a Project Participant, evidence of the ownership of such associated attributes will be provided by NCPA to the requesting Pro Participant (and may thereafter be sold by the Project Participant to third persons subject to the terms of Section 18 of this Agreement and without being sub to a right of first refusal by other Project Participants), in proportion to its respective Project Entitlement Percentages of Project capacity and energy but subject to the rroWisiulls of Section 10 of t his Agreement and such commercially reasonable conditions as may be imposed or adopted by the NCPA Commission from time to time. 5. The Original Agreement is hereby supplemented by adding a new Section 18 thereto to read as follows: 18. Federal Tax Matters. Each Project Participant recognizes that Bonds issued with respect to the Project may bear interest that is excluded from gross income for federal income tax purposes or may be issued under circumstances that entitle NCPA or Bondholders to subsidy payments from the United States or federal tax credits with respect to such Bonds (such exclusion from gross income or entitlement to a subsidy or tax credit being referred to herein as a "Tax Benefit and subject to the provisions of federal tax law that limit, among other things, the arrangements permitted with respect to the sale, assignment, delegation, or other disposition of Project Entitlement Percentages of Project capacity and /or energy, or environmental and other associated attributes of the Project. Each Project Participant shall comply with the covenants relating to Tax Benefits contained in the Bond Resolutions, including the limitations on private use permitted under such covenants as if the Project Participant had made such covenant with respect to GEOTHERMAL THIRD PHASE AMENDMENT VIENT TWO Page 5 of 11 Execution Version its Project Entitlement Percentage of Project capacity and energy. No sale, assignment, delegation or other disposition of all or any portion of a Project Participant's rights or obligation under this Agreement, including Project Entitlement Percentages of Project capacity and /or energy, or environmental and other Project attributes, that have been financed in whole or part with Bonds which have a Tax Benefit shall be effective until: (i) such Project Participant shall have given prior written notice thereof to NCPA; and (ii) NCPA's bond counsel shall have rendered an opinion to the effect that (A) such sale, assignment, delegation or other disposition will not adversely affect the Tax Benefits associated with such Bonds; and (B) such sale, assignment, delegation or other disposition is within any private use restriction or other limitation with respect to the Tax Benefits associated with such Bonds applying such restrictions and other limitations solely to the Project Participant's Project Entitlement Percentage of Project capacity and energy and not to the Project as a whole. Notwithstanding the immediately preceding sentence, each Project Participant may, without obtaining such bond counsel opinion, sell, assign, delegate or make such other disposition'to which it is entitled hereunder in a transaction which complies with tom- related guidelines established by the NCPA Commission from time to time which guidelines have been approved by NCPA's bond counsel." 6. The Original Agreement is hereby supplemented by adding a new Section 19 thereto to read as follows: "19. "In -lieu" JPA Cost Assessment for Non Members. Project Participants may not necessarily be members of NCPA. NCPA members pay a joint powers agreement cost assessment for NCPA administrative costs, pursuant to the joint powers agreement by which NCPA is formed, and non -NCPA member Project Participants hereby likewise agree to pay for a portion of those costs, but only as applied to the non -NCPA member Project Participant's Project Entitlement Percentage of energy produced on behalf of the Project Participant. In addition to other payments required by this Agreement, non -NCPA member Project Participants shall pay the annual "in- lieu" JPA Cost Assessment, invoiced by NCPA in twelve (12) equal billings, which will be separately identified for each non -NCPA member Project Participant. If a non -NCPA member Project Participant later becomes an NCPA member, such Project Participant shall no longer be required to pay the in -lieu JPA Cost Assessment. If an NCPA member Project Participant later withdraws from NCPA, and is no longer an NCPA member, such Project Participant will thereafter be subject to the in -lieu JPA Cost Assessment as described in this section. The In -lieu JPA Cost Assessment shall be: GEOTHERMAL THIRD PHASE AMENDMENT TWO page 6 of 11 Execution Version In -lieu JPA Cost Assessment (JPA Cost Assessment Rate) x (MWh of Project energy produced on behalf of the Project Participant in the prior calendar year as metered at the point of delivery) The "JPA Cost Assessment Rate" shall be the amount per MWh charged to NCPA members in any given year by the NCPA Commission as a JPA assessment pursuant to Article IV section 3(a) of the Amended and Restated Northern California Power Agency Joint Powers Agreement, and shall in no event exceed 15 cents per megawatt hour." 7. The proviso contained in Section 7(d) of the Agreement is hereby amended to read as follows: "provided, however, that the sum of such increases for any nondefaulting Project Participant shall not exceed, without the written consent of such nondefaulting Project Participant, an accumulated maximum of 25% of the nondefaulting Project Participant's Project Entitlement Percentage set forth in Appendix A as in effect on April 1, 2011." 8. Section 11(e) of the Original Agreement is hereby amended in its entirety to read as follows: "Any Project Participant may veto a discretionary action of she Project Participants relating to the Project that was not taken by a 65% or greater Project Entitlement Percentage vote within 10 days following mailing of notice of such Project Participants' action by giving written notice of the veto to NCPA and the other Project Participants unless at a meeting of the NCPA Commission called for the purpose of considering the veto and held within 30 days after such veto notice, the holders of 65% or greater of Project Entitlement Percentages shall vote to override the veto." 9. Subsection (a), (b) and (c) of Section 12 of the Original Agreement are hereby deleted. Subsection (d) of Section 12 of the Original Agreement is hereby amended by deleting the subsection designation (d) and amending the language of former subsection (d) in its entirety to read as follows: "The term of this Agreement commenced on December 14, 1983. The Term of this Agreement shall continue until the later of: (i) the expiration of the useful life of the Project, or (ii) the date on which all Bonds issued have been retired, or full provision made for their retirement, including interest until their retirement date. In the event of the termination of the existence of NCPA prior to the termination of this Agreement, it is the intent of the Project Participants that this GEOTHERMAL THIRD PHASE AMENDMENT TWO Page 7 of 1 Execution Version Agreement continue as an agreement among the Project Participants with the Project Participants performing the duties and obligations of NCPA as a group." 10. Section 14 of the Original Agreement is hereby amended in its entirety to read as follows: "This Agreement is a service schedule and a third phase agreement attached to and incorporated into the Facilities Agreement by and among the Project Participants and NCPA. 11. By execution of this Amendment Number. Two, TID shall be deemed to have executed the Agreement and be considered a Project Participant for all purposes of the Agreement. 12. Except as provided in this Amendment Number Two, the Original Agreement shall remain in full force and effect. 13. This Amendment Number Two may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. IN WITNESS WHEREOF, each Project Participant has executed this Amendment Number Two with the approval of its governing body and NCPA has executed this Amendment Number Two in accordance with the authorization of its Commission. NORTHERN CALIFORNIA POSTER AGENCY 0 .Approved as to form: GEOTHERMAL THIRD PHASE AMENDMENT TWO Page 8 of 1 Execution Version CITY OF ALAMED A CITY OF BIGGS By: a Byi Approved as to forin: Approved as to fore.: CITY OF GRIDLEY CITY OF HEALDSBURG By: By: Approved as to forin: Approved as to form: CITY OF LORI CITY OF LOMP OC B B Approved as to f orrn- Approved as to f o r l CITY OF PALO .ALTO CITY OF Ro SEV ILLS y- Approves as to form: Approved as to form.: CITY OF SANTA CLARA CITY OF UKIAH By By: Approved as to form; Approved as to forte.. GEOTHERMAL THIRD PRASE. AMENDMENT TWO Page 9 of 11 Execution Vex• ion PLUMA.S- SIERRA. RURAL ELECTRIC COOPERA'T'IVE By: Approved as to form: ow TURLO CK IRRIGATION DIS'T'RICT Approved as to form: GEOTHERMAL THIRD PHASE AMENDMENT TWO Page 10 of Execution Version Exhibit 1 APPENDIX A In effect April 1, 2011 SCHEDULE OF PROJECT PARTICIPANTS AND PROJECT ENTITLEMENT PERCENTAGES PROJECT PARTICIPANT City of Alameda City of Biggs City of Gridley* City of He aids burg City of Lodi City of Lompoc City of Palo Alto* City of Roseville City of Santa Clara City of Ukiah Plurnas Sierra Rural Cooperative's Turlock Irrigation District* TOTALS PROJECT NO. 2 ENTITLEMENT PERCENTAGE 14.994% 0.000% 0.334% 3.252% 14.560% 3..266% 0.000% 3.252% 54.651% 4.972% 0.719% 100.000% EAST BLOCK ENTITLEMENT PERCENTAGE 18.771% 0.454% 0.338% 4.096% 6.000% 4.096% 0.000% 12.514% 34.13% 6.25710 0.683% 12.661% 100.000% PROJECT ENTITLEIII.IENT PERCENTAGE 16.8825% 0.227% 0.336% 3.674% 10.28% 3.681% 0.000% 7.883% 44.3905% 5.6145% 0.701% 6.3305% 100.000% Pursuant to Section 5(f) of the Agreement, the City of Gridley, the City of Palo Alto and the Plumas Sierra Rural Electric Cooperative remain contingently and secondarily responsible for all payment obligations of Turlock Irrigation District while the 2009 Series A Bonds remain outstanding. GEOTHERMAL THIRD PHASE AMENDMENT TWO Page 11 of 1 Execution Version AMENDMENT NO. I O NORTHERN FACILITIES AGREEMENT This Amendment no. 1 is made as of April 1, 2011 by and between the Northern California Power .Agency, a joint powers agency ("NCPA certain of its member agencies, and the Turlock Irrigation. District, a California Irrigation District "TID with reference to the following: A. NCPA and certain of its members, consisting of the ..Cities of Alameda, Biggs, Gridley, Healdsburg, Lodi, Lompoc, Palo Alto, Roseville, Santa Clara and Ukiah; [the Port of Oakland]; TID; and associate NCPA. member Plurnas Sierra Rural Electric Cooperative have entered into a Facilities Agreement dated as of September 223 1993. B. The Facilities Agreement provides for the means by which NCPA provides services to the NCPA generating projects, allocates costs to and among such projects, and by which the project participants can provide direction to NCPA. with respect to the governance and operation of such projects. C. At the time of its approval, the signatories to the Facilities Agreement did not contemplate that a participant in an NCPA generating project could be a non -NCPA member. hence, the Facilities Agreement provides in section 1.17 that a "participant" in the Facilities Agreement is a member of NCPA which is signatory to the Facilities Agreement, and in Article 4 that the Facilities Committee by which project participants in NCPA projects provide direction to NCPA is composed of participants. D. TID has given notice to NCPA of its withdrawal from NCPA effective April 1, 2011, but will remain a project participant in the Geothermal Project no. 3. In an Amended and Restated Geothermal Operating Agreement dated as of April 1, 20 11 the participants in that project, including TID, and NCPA have agreed to amend the Facilities Agreement as necessary to provide TID the ability to remain a signatory to the Facilities Agreement and to have an on- going participation on the Facilities Committee. NOW, THEREFORE, the Parties agree as follows: 1. Section 4.9 is hereby added to Article 4 "Facilities Committee of the Facilities Agreement to read as follows: "4.9 Notwithstanding any other provision of this Agreement to the contrary, Turlock Irrigation District shall be entitled to designate one member of the Facilities Committee for so long as Turlock Irrigation District shall remain a project participant in Geothermal Project No. 3, which member shall have voting rights only with respect to those matters directly relating to said project." 0 AMENDMENT TO FACILITIES AGREEMENT EXECUTION VERSION It 3 t Alk Vin. 2. Amendments to the Facilities Agreement which do not impair the rights of TID as provided in section I shall not require the consent of TID, provided that TID shall be given written notice of any amendment to the Facilities Agreement. 3. In all other respects the Facilities Agreement shall remain in full force and effect. WHEREFORE, NCPA upon authorization of its Commission, and the Facilities Agreement participants, after all due authorization by their respective governing bodies, have executed this First Amendment as evidenced by the signatures of their authorized representatives below. NORTHERN CALIFORNIA POWER TURLOCK IRRIGATION .4.GENCY DISTRICT I S M Its: General Manager Date: Approved as to form: General Counsel ALAMEDA MUNICIPAL POWER By: Its. general Manager 0_ 0 Its: General Manager Date: Approved as to form: General Counsel B y: Its: City Manager Date: Approved as to form: AsSis(City Attorney AMENDMENT 1 To FACILITIES AGREEMENT EXECUTION VERSION Date: Approved as to form: City Attorney Page 2 of 4 By: Its: Cit Mana Date: Approved as to form: Cit Attorne CITY OF LODI By: Its: Cit Mana Date: Approved as to foam: Cit Attorne CITY OF PALO ALTO BY: Its: cit Mana Date: Approved as to fonn: Cit Attorne B Its: Cit Mana Date: Approved as to form: I Cit Attorne CITY OF LOMPOC B Its: Cit Mana Date: Approved as to form: Cit Attorne CITY OF ROSEVILLE B Its: Cit Mana Date:- Approved as to form.: Cit Attorne AMENDMENT 1 TO FACILITIES AGREEMENT Pa 3 of 4 EXECUTION VERSION B Its: Cit Mana Date: Approved as to form: Cit Attorne CITY OF SANTA CLARA By: Its: Cit Mana Date: Approved as to form: Cit Attorne AMENDM`ENT 1 TO FACILITIES AGREEMENT EXECUTION VERSION PLUMAS SIERRA RURAL ELECTRIC COOPERATIVE B Its: General Mana Date: Approved as to form: General Counsel Pa 4 of 4 CITY OF ALAMEDA RESOLUTION NO. RATIFYING THE PUBLIC UTILITY BOARD'S APPROVAL OF AMENDMENT TWO TO AGREEMENT FOR CONSTRUCTION, OPERATION AND FINANCING OF GEOTHERMAL PROJECT NUMBER 3; AMENDED AND RESTATED GEOTHERMAL PROJECT OPERATING AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND THE GEOTHERMAL PROJECT PARTICIPANTS; AND AMENDMENT NUMBER ONE TO NORTHERN CALIFORNIA POWER AGENCY FACILITIES AGREEMENT A WH EREAS, the Turlock Irrigation District (TID) has provided the required two -year notice of termination of membership in the Northern California Power Agency "NCPA Joint Powers Agreement (JPA) and the NCPA Commission has accepted that two- -year notice to be effective April 1, 2011; and WHEREAS, TI D's termination of membership in the JPA affected its rights and obligations under various agreements between TID and NCPA members and between TID and NCPA, requiring those agreements to be either terminated, clarified or amended in some fashion; and WHEREAS, any signatory to the JPA terminating its membership in the JPA is obligated to pay its pro -rata share of all debts, liabilities and obligations of NCPA as of the date of termination as a condition precedent to such termination and withdrawal; and WHEREAS, TID and NCPA staff have worked together to identify all agreements needing to be either terminated, clarified or amended, and have arrived at a recommended settlement amount that would satisfy TID's obligation to pay its pro -rata share of all debts, liabilities and obligations of NCPA as of the date of termination; and WHEREAS, the agreements requiring NCPA member approval to effectuate TI D's withdrawal from the JPA are as follows: Amendment Number Two to Agreement for Construction, operation and Financing of Geothermal Generating Project Number 3, Amended and Restated Geothermal Project Operating Agreement Between Northern California Power Agency and the Geothermal Project Participants; and Amendment Number one to Northern California Power Agency Facilities Agreement. Resolution #5 -H cc 03 -15 -11 WHEREAS, the NCPA Commission has approved all the necessary Geothermal Agreement and Facilities Agreement modifications and approved the Membership Withdrawal and Exit Agreement between NCPA and Turlock Irrigation District on February 24, 2011; and WHEREAS, in order to finalize TID's withdrawal from NCPA the Alameda Public Utilities Board approved: (1) Amendment Number Two to Agreement For Construction, Operation And Financing Of Geothermal Generating Project Number 3; (2) Amended And Restated Geothermal Project Operating Agreement Between Northern California Power Agency And The Geothermal Project Participants; and (3) Amendment Number One To Northern California Power Agency Facilities Agreement at its February 28, 2011 public meeting. NOW, THERFORE, BE IT RESOLVED by the Council of the City of Alameda that the Council hereby ratifies the Public Utilities Board' s approval of: (1) Amendment Number Two to Agreement For Construction, Operation And Financing Of Geothermal Generating Project Number 3; (2) Amended And Restated Geothermal Project Operating Agreement Between Northern California Power Agency And The Geothermal Project Participants; (3) Amendment Number One To Northern California Power Agency Facilities Agreement; and (4) Authorize the General Manager of Alameda Municipal Power to execute all three agreements. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda in a regular meeting assembled on the 8th day of March, 2011, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the seal of said City this 9 th day of March, 2011. Lara Weisiger, City clerk City of Alameda CITY OF ALAMEDA Memorandum To Honorable Ma and Members of the Cit Council From: Lisa Goldman Actin Cit Mana Date: March 15, 2011 Re: Adopt a Resolution Appropriatin $1.3 Million in Federal HOME Funds and Authorizin the Actin Cit Mana to Ne and Execute. the Necessar Documents to Complete the Loan to Resources for Communit Develo for the Rehabilitation of 2428 Central Avenue (Islander Mo tel) On November 16, 2010, the Communit Improvement Commission of the Cit of Alameda CIC) authorized the Interim Executive Director to ne and execute.a purchase and sale a (PSA) for the Islander Motel propert located at .2428 Central Avenue, and issue a Re for Qualifications (RFQ) to secur -a. development partner for conversion of the propert from a motel to affordable workforce h The CIC also approved an $150,000 appropriation to fund re due dili reports and deposits. On Januar 19, 201.1, the Housin Commisslon. approved the selection of Resources for Communit Development (RCD) as the development partner for ac and rehabilitation of the Islander Motel. On Februar 1, 2011, the Housin Authorit Board of Commission (B.00) authorized ne and execution of a PSA for the Islander. Motel. In.-addition,.o.n Fe b.ruar 1 2011, the CIC and BOC entered into a reimbursement a fora number of affordable housin pro that re the CIC to fund the .projects from Affordable Housin Set-Aside Funds and for the Housin Authorit to carr out the pro j ects. One of the pro included in the reimbursement a is ac rehabilitation of the Islander Motel. On March 2, 2011, the CIC and BOC approved an Owner Participation A OPA) with RCD that contains .each of the parties' obli to fu. carr out. the pro In addition to the CIO's $9 -million fundin commitm fora c quisition of the propert and a portion of the rehabilitation costs, staff is recommendin :approval of a $1.3 million HOME loan to RCD for project-related expenses, includin pre- development activities. Honorable Ma and Members of the Cit Council DISCUSSION March 15, 2011 Pa 2 of 3 The cities of Berkele and Oakland are the onl jurisdictions in Alameda Count that receive HOME funds directl from the federal Department of Ho and Urban Development (HUD). The other jurisdictions, includin the Cit of Alameda, to with the Count of Alameda, are members of the Alameda Count H O M E consortium. The Count Housin and Communit Development Department administers the consortium and ensures compliance with HUD HOME pro re g ulations on behalf of member jurisdictions. A ke pro re is that all HOME funds. must. be committed within two y ears of the Con release date for ea.ch.fun.din c If funds are not used within that timeframe, the must be returned to HUD. While. each jurisdiction receives an annual allocation of HOME funds from the consortium. based on its population, etc., HUD tracks the expenditure of funds on a consortium-wide basis. The Cit currentl has a multi- HOME allocation of $1.4 million that it needs to commit or risk havin those funds returned to the consortium for use b other me jurisdictions., If those jurisdictions are unable to commit the funds, the.funds. will be returned to HUD. HOME monies are scarce affordable housin funds.that should be retained b the Cit to build much-needed housin for ver low- and low-inc.pme households. Given the need to spend these HOME funds, it is proposed that. $1.3 million be appropriated and that the Cit enter into a loan a w ith. RCD for expenditure of the funds on the Islander project. The loan would. accrue 3%. interest, have a 50- term, and principal pa would be deferred. for the loan term. Pursuant to HOME re there would be a 15- affordabilit cove on the propert Funds would be used for pro expenses, includin pre-development activities. The CIC's fundin commitment of $9 million, coupled with the proposed. $1.3 million HOME loan, brin the total local commitment to $10.3 million. The t o tal project cost, includin propert ac is $17.6 million. Local funds could :pa 59% of the pro cost. Additional fundin would come from other State and Federal sources. On March 7, 20111 RCD submitted fundin proposals to the Count of Alameda totalin $1.5 million. If RCD is awarded fundin from the Count those funds will be used .to reduce the local commitment to the project. Approval of the $1.3 million HOME loan and the previousl approved CIC fundin commitment secures the necessar local match to allow RCD, and the Housin Authorit as a co-applicant, to submit its fundin application to the 9% Tax Credit Pro on March 23, 2011. FINANCIAL IMPACT Funds in the amount of $1.3 million are available in the HOME fund (Fund 235 -6540- 61060) in the Housin Authorit Department bud It is re that $1.3 million be appropriated to be loaned to RCD for pro expenses related to rehabilitation of the Islander Motel for use as 62 units of workforce housin affordable to ver low-income households. HOME funds are restricted federal funds that can be used solel for affordable housin purposes and, if not committed within two y ears of Honorable Mayor and March 15, 2011 Members of the city council Page 3 of 3 Congressional release of funds, are returned to HUD. There is no impact on the City's General Fund from appropriating HOME funds. ENVIRONMENTAL REVIEW Acquisition and rehabilitation of the Islander Motel for re -use as permanent affordable housing is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301 and 15332. Section 15301 addresses existing facilities and exempts minor alterations to existing structures. Section 15332 addresses in -fill development projects. Furthermore, the project does not trigger any of the exceptions in CEQA Guidelines section 15300.2 in that the project will not have any significant effects due to unusual circumstances or any cumulatively significant impacts and will not adversely impact any designated historic resources. This project is subject to compliance with the National Environmental Policy Act (NEPA). Pursuant to N E PA, a Statutory worksheet was completed and the county has determined that the project converted to exempt from N EPA per section 58.34. Adopt a Resolution appropriating $1.3 million in federal HOME Funds and authorizing the Acting City Manager to negotiate and execute the necessary documents to complete the loan to Resources for Community Development for the rehabilitation of 2428 Central Avenue (Islander Motel) consistent with the loan terms outlined in the staff report. Respectfully submit .ed, Michael T. Pucci Executive Director By: ebbie Potter Housing Development and Programs Manager Approved as to funds and account, Fred Marsh Controller CITY OF ALAMEDA RESOLUTION NO S APPROPRIATING $1.3 MILLION IN FEDERAL HOME FUNDS AND AUTHORIZING THE ACTING CITY MANAGER TO NEGOTIATE rt AND EXECUTE THE NECESSARY DOCUMENTS TO COMPLETE MCI THE LOAN TO RESOURCES FOR COMMUNITY DEVELOPMENT FOR THE REHABILITATION OF 2428 CENTRAL AVENUE (ISLANDER MOTEL) (I 'At WHEREAS, on January 19, 2011, the Housing Commission selected Resources for Community Development (RC,D) as the Housing Authority of the City of Alameda's non profit development partner to acquire and rehabilitate the property at 2428 Central Avenue (Islander Motel) as 62 units of workforce housing affordable to very low- income households; and WHEREAS, on March 2, 201 the community Improvement Commission (CIC) and the Housing Authority Board of commissioners approved an Owner Participation Agreement (OPA) with RCD that contains each of the parties' obligations to fund and carry out the project; and WHEREAS, on March 2, 2011, the CIC adopted a resolution authorizing the issuance of Tax Allocation Housing Bonds in an amount not to exceed $10 million with the net proceeds ($9 million) to be used solely to provide financial assistance to the project; and WHEREAS, on March 4, 2011, the Housing Authority and Stahl Wooldridge construction Company, a California partnership, entered into an Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions pursuant to which the Housing Authority intends to purchase the property; and WHEREAS, RCD and the Housing Authority intend to submit an application for funding to the 9% Tax credit Program on March 23, 2011, and an additional $1.3 million in local funding is required for a competitive application; and WHEREAS, staff is recommending a $1.3 million loan from federal HOME investment Partnership monies that the City obtains through its membership in the Alameda County HOME consortium, a program that is primarily designed to assist local governments to work with nonprofit housing development organizations to construct new affordable housing and /or to acquire and rehabilitate housing developments to ensure long -term affordability. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that the appropriation of $1.3 million from HOME funds to Resources of Community Development is hereby approved and the Acting City Resolution #5 -I CC 03 -5- Manager is hereby authorized and directed to negotiate and execute any and all documents necessary to complete the transaction. I, the undersigned, hereby certify that the forgoing Resolution was duly and regularly adopted and passed by the Council of the city of Alameda during the regular meeting of city council on the 1 5 th day of March, 2011, but the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 10th day of March, 2011. Lara Weisiger, city Clerk City of Alameda CITY of AL_AMEDA, Memorandum To: Honorable Mayor and Members of the city council From: Lisa Goldman Acting city Manager Date: March 15, 2011 Re: Introduce an Ordinance Amending the Alameda Municipal code to Amend Chapter x111 (Building and Housing) by Repealing Article I (Unifo codes Relating to Building, Housing and Technical codes) in its Entirety and Adding a New Article I (Uniform codes Relating to Building, Housing and Technical Codes) to .Adopt the 2.01 O .California. Building Code, the 201.0 California Residential code, the .2010 California. Historical .Building Code, the 2010 California Electrical code, the 20.10 California Plumbing :Code, the 2010 California Mechanical code, the .20.10 California Energy Code, .the 2010 c.a.l.ifor.nia Green. Building Standards Code, the 1.997. Uniform Housing code, and.. the 1997 Edition of the Uniform.. code for the Abatement of Dangerous Buildings, and Amend. Chapter xv (Fire Prevention) by Repealing Section .15 -1 in its Entirety and by Adding a New Section 15 -1 to Ador)t the 2010 Edition of the California Fire Code BACKGROUND Every three years, the State.. of California adopts a new set of technica.i building :and fire regulations known as the. California .Building Standards. Code. Local jurisdictions may establish more restrictive building standards reasonably necessary because of local climatic, geological, or topographical conditions. DISCUSSION Building, Fire and Housin code: The State of California has adopted the.2010 California .Building Standards Code, which is based on the 2009 International Building Code, the 200.9 International Residential Code, the 2010 California.. Historical Building Code, the. 2008 National Electrical code, the 2009 Uniform Plumbing Code, the 2009 Uniform .Mechanical. Code, the .2010 California Energy Code, .the 2010 California Green Building Standards .Coda and the 2009 International Fire Code. By locally adopting these codes, the City establishes clear legal authority for their enforcement and may also elect to.adopt.various appendix chapters dealing with local issues. Staff` recommends that the city adopt the appendix chapters outlined in the ordinance. City s o A Item #6-A F I Honorable Mayor and March 15, 2911 Members of the city council Page 2 of 3 Local code adoption also enables the City to enforce. various administrative amendments and all technical amendments necessary due to local ..climatic, geological, or topographical conditions. Staff proposes adopting local code amendments, including Minimum requirement of class A roof and the installation of a spark arrestor on .the chimney when a building is. reroofed; Specifically mandating the upgrade of kitchen electrical based on the replacement of kitchen countertops, for buildings originally built prior to May 2, 1989. wherein the kitchen has not been legally remodeled since May 2, 1989; Extending the period of time a. permit is valid from 12. mo nt.hs to 36 months, with the exception that permits issued as a result of a code enforcement action shall only .be vald for.12 months; Standard.size and type.of fire hese.threads; Requiremient .to instal.l automatic fire sprinklers. in most new buildings and during major renovation .of existing buildings; Property owner responsibility to maintain smoke detectors in all residential sleeping rooms; Prohibition of metallic pipe, conduit or duct.under concrete floor slabs; various Alameda Municipal. Power requirements for service equipment and meters; Elimination of the occupancy separation requirement between commercial and accessory residential use to prov.id e for Wo.rkfL:ive.occupancies; Requirement that storage areas within or. adjacent to. residential occupancies be restricted to. allow only one light :and one electrical: outlet in order to discourage the conversion of these area as to habitable space; Requirement. to install excess flow gas shutoff valves. in all new construction and Whenever a perm.it.is issued to alter a gas line. Each of the locally adopted code amendments.. addresses a specific fire -life safety concern that is unique to Alameda. These Alameda amendments are necessary. due to the age of the building stock, the fact that the .City has its own electric utility, the fact that Alameda is an island; or. due to an Alameda Municipal code provisions adopted .outside these chapters. FINANCIAL IMPACT Adoption of a never set of technical and administrative construction codes will have no impact on the city's General Fund. MUNICIPAL CODE CROSS REFERENCE All other sections of the Municipal Code dealing with this subject matter have been thoroughly analyzed and found to be compatible with the proposed amendment to the Municipal Code. Honorable Mayor and Members of the City Council RECOMMENDATION Larch 15, 2011 Page 3 of 3 Introduce an ordinance amending the Alameda Municipal Code to amend Chapter XIII (Building and Housing) by repealing Article I (Uniform Codes Relating to. Building, Housing and Technical Codes) in its entirety and adding a new Article I (Uniform Codes Relating to Building, Housing and Technical Codes) to adopt the 2010 California Building Code, the 2010 California Residential Code, the 2010 California Historical Building Code, the 2010 California Electrical Code, the 2010 California Plumbing Code, the 2010 California Mechanical Code, the 2010 California Energy Code, the 2010 California Green Building Standards Code, the 1997 Uniform Housing Code, and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, and amend Chapter X11 (Fire Prevention) by repealing section 15 -1 in its entirety and by adding a new section 15 -1 to adopt the 2010 Edition of the California Fire Code. CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING THE ALAMEDA MUNICIPAL. CODE BY AMENDING CHAPTER X111 (BUILDING AND HOUSING) BY REPEALING ARTICLE I (UNIFORM CODES RELATING TO BUILDING, HOUSING AND TECHNICAL CODES) IN ITS ENTIRETY AND ADDING A NEW ARTICLE I (UNIFORM CODES RELATING TO BUILDING, HOUSING AND TECHNICAL CODES) TO ADOPT THE 20 .10 CALIFORNIA BUILDING CODE, THE 2010 CALIFORNIA RESIDENTIAL BUILDING CODE, THE 2010 CALIFORNIA HISTORICAL BUILDING CODE, THE 2010 CALIFORNIA ELECTRICAL. CODE THE 2010 CALIFORNIA PL UIVIBING CODE, THE 2010 e CALIFORNIA MECHANICAL CODE, THE 2010 CALIFORNIA ENERGY CODE, THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 1997 UNIFORM HOUSING CODE, AND THE 199 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AND BY AMENDING CHAPTER XV (FIRE PREVENTION) BY REPEALING SECTION 15 -1 IN ITS ENTIRETY AND BY ADDING A N SECTION 1 TO ADOPT THE 2010 CALIFORNIA FIRE CODE BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. The Alameda Municipal Code is amended by repealing Article I of Chapter X111 in its entirety. Section 2. The Alameda Municipal Code is amended by adding a new Article I to Chapter XI11 of the Alameda Municipal Code which shall read as follows: ARTICLE I. UNIFORM CODES RELATING BUILDING, HOUSING AND TECHNICAL CODES 13 -1 ALAMEDA ADMINISTRATIVE CODE 13 -1.1 Adoption of the Alameda Administrative Code. Except as hereinafter provided, Chapter 1, Division 11 SCOPE AND ADMINISTRATION of the California Building Code, 2010 Edition, published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Administrative Code. 13 1.2 Modifications, Amendments and Deletions to the Chapter 1, Division 11 SCOPE AND ADMINISTRATION of the California Building Code, 2010 Edition. a. Section 103.1 of Chapter 1, Division 11 SCOPE AND ADMINISTRATION of the California Building Code, 2010 Edition, is amended by substituting the words "A code Introduction of ordinance #6 -A 03 -15 -11 enforcement agency" for "The Department of Building Safety" b. section 105.5 of chapter 1, Division 11 SCOPE AND ADMINISTRATION of the California Building Code, 2010 Edition, is amended to read as follows: Section 105.5 Expiration. Every permit issued shall expire by limitation and become null and void 30 months from the date such permit is issued. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be based on the work remaining after the last successful required inspection, provided no changes have been made or will be made in the original plans and specifications for such work. Exception: Permits issued as a result of a violation of section 105.1 shall expire by limitation and become null and void 12 months from the date such permit is issued. c. section 109.4 of chapter 1, Division 11 SCOPE AND ADMINISTRATION of the California Building Code, 2010 Edition, is amended to read as follows: Section 109.4 work commencing before permit issuance. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be as established by the city Council. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. d. Section 111.5 of chapter 1, Division 11 SCOPE AND ADMINISTRATION of the California Building code, 2010 Edition, is added to read as follows: Section 111.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. e. section 113.4 of Chapter 1, Division 11 SCOPE AND ADMINISTRATION of the California Building code, 2010 Edition, is added to read as follows: Section 113.4 Appeals. Any person adversely affected by any written orders, decisions or determinations made by the Building Official rel ati.veto the application and interpretation of the Building code, Plumbing code, Mechanical code, Electrical code and Fire code or any other Alameda building regulations may appeal to the Housing and Building code Hearing and Appeals Board.. such appeal shall be filed no later than ten (10) days following the date of the written decision by filing with the Community Development Department an appeal form specifying the basis of the appeal. f. section 113.5 of chapter 1, Division 11 SCOPE AND ADMINISTRATION of 2 the California Building Code, 2010 Edition, is added to read as follows: Section 113.5 Appeal Fee. The fee for filing an appeal shall be established by resolution of the City Council. The appeal fee shall be required to be paid at the time that the appeal application is filed with the Community Development Department. Appeal forms shall not be accepted without the appropriate appeal fee. 13 -1.3 Copy of Alameda Administrative Code with the Community Development Department. A copy of the Alameda Administrative Code has been deposited in the office of the Community Development Department of the City and shall be maintained by the Building Official for use and examination by the Public. 13 -2.1 Adoption of California Building Code. Except as hereinafter provided, the California Building Code, 2010 Edition, published by the California Building Standards Commission, including Appendix Chapter 1, (Patio Covers), is adopted by reference and made a part hereof as if full y set forth herein at length, and shall be known as the Alameda Building Code. 13 -2.2 Modifications, Amendments and Deletions to the California Building Code. a. Section 105.2 Building (7) of the California Building Code, 2010 Edition, is amended to read as follows: 7. Painting, papering, tiling, carpeting, counter tops ar.d similar work. Exception: The replacement of kitchen countertops in buildings originally built prior to May 4, 1080 whe.rei.n the kitchen has not been legally remodeled since May 4, 1083, shall require a kitchen remodel permit requiring the upgrading of the kitchen electrical to current code. b. Section 105.2 Building of the California Building Code, 2010 Edition, is amended by adding (14) to read as follows: 14. Decks that are not more than 30 inches above grade at any point. c. section 311.4 of the California Building Code, 2010 Edition, is amended by inserting a new section number 311.4 to read as follows: 311.4 storage Areas. Storage areas within or adjacent to R occupancies shall be restricted to one electrical receptacle and one electrical light unless otherwise approved by the Building official. 3 d. section 1208.2 of the california Building code, -2010 Edition, is amended by inserting a new exception to read as follows: Exception: 7. In qualified historical buildings, as defined in Section 8 -201 of the California historical Building code 2010 Edition, occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7 feet. e. section 1505.1 of the California Building code, 2010 Edition, is amended by inserting the following ahead of the first paragraph: Section 1505.1 Fire classification. Any roof Installed on any structure with an occupancy classification of "R" or "U shall have a fire rating of class A, which complies with the section 1505.2 class A roof assemblies. f. section 1510.7 is added to the California Building code, 2010 Edition, to read as follows: Section 1510.7 Spark Arrestor. spark arrestors in compliance with California Building code, 2010 Edition, section 2802 shall be installed on all operational chimneys on any building when the building is re- roofed. 13 -2.3 Findings. Pursuant to sections 17958.5 and 17958.7 of the California. Health and Safety code, the city council finds that the modifications. the.california .Building code, 2010 Edition, contained in. subdivisions (a) through (f) of Section 13 -2.1, are reasonably necessary because of certain local climatic, geographical and topographical .conditio.ns existing in the city of Alameda which are more specifically described .as follows: a. The city of Alameda is an island community with access dependent upon bridges and underwater tubes and, in the event of a disaster, could be completely isolated from outside assistance. b. The city of Alameda is adjacent to several earthquake faults, which make buildings and structures susceptible to structural ruptures and fires. c. The entire municipal grater supply for the city of Alameda is transported via three (3) aqueducts, which are vulnerable to earthquake and tidal flooding. d. Alameda is a low -lying island community with soil and groundwater conditions, which are corrosive to metals. e. Alameda has very fine, sandy soil conditions. n M f. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. 13 -2.4 Copy of California Building Code with Community Development Department. A copy of the California Building Code, 2010 Edition, has been deposited in the Office of the Community Development Department of the City and shall be maintained by the Building official for use and examination by the public. 13 -3.' Adoption of California Residential Code. Except as hereinafter provided, the California Residential Cade, 2010 Edition, published by the California Building Standards Commission, including Appendix Chapters A, B, C, E, C, H, J, K, N, o P, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Residential Code. 13 -3.2 Modifications, Amendments and Deletions to the California Building Code. a. section 8105.2 Building (0) of the California Residential Code, 2010 Edition, is amended to read as follows: 0 Painting, papering, tiling, carpeting, counter tops and similar work. Exception: The replacement of kitchen counter tops in buildings originally built prior to May 4, 1080 or wherein the kitchen has not.been legally remodeled since May 4, 1989, shall require a kitchen remodel permit requiring the upgrading of the kitchen electrical to current code. b. section 8105.2 Building (10) or the California Residential Code, 2010 Edition, is amended to read as follows: 10. Decks not more than 30" above grade at any point. d. section 313.1.1 of the California Residential Code, 2010 Edition, is amended to read as follows: 8313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with Section 8313.2.1 and NF PA 13D. e. Sections R313.2 through R313.3.1.1 of the California Residential Code, 2010 Edition are amended to read as follows: R313.2 one- and two- family dwellings and manufactured homes automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two- family dwellings and manufactured hones. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section R313.3 and NFPA 13D. R313.3.1 General. where installed, residential fire sprinkler systems, or portions thereof, shall be in accordance with NI =PA 13D and Section R313.3, which shall be considered equivalent to NI=PA 13D. R313.3.1.1 Required sprinkler locations. Sprinklers shall be installed to protect all areas of a dwelling unit. f. California Residential Code, 2010 Edition, Section R313.5 water supply from individual sources shall be deleted. g. Section R902.1 of the California Residential Code, 2010 Edition, is amended by inserting the following ahead of the first paragraph: Section R902.1 Roof Classification. Any roof installed on any structure with an occupancy classification of "R" or "U It shall have a fire rating of Class A. h. Section R9O2.3 is added to the California Residential Code, 2010 Edition, to read as follows: Section R902.3 spark Arrestor. Spark arrestors in compliance with California Building Code, 2010 Edition, Section 2802 shall be installed on all operational chimneys on any building when the building is re- roofed. 13 -3.3 Findings. Pursuant to Sections 17958.5 and 17958.7 of the California Health and Safety Code, the City Council finds that the modifications of the California Residential Code, 2010 Edition, contained in subdivisions (a) through (h) of Section 13 -3.2, are reasonably necessary because of certain local climatic, geographical and topographical conditions existing in the City of Alameda which are more specifically described as follows: a. The City of Alameda is an island community with access dependent upon I bridges and underwater tubes and, in the event of a disaster, could be completely isolated from outside assistance. b. The city of Alameda is adjacent to several earthquake faults, which make buildings and structures susceptible to structural ruptures and fires. c. The entire municipal grater supply for the city of Alameda is transported via three aqueducts, which are vulnerable to earthquake and tidal flooding. d. Alameda is a lour -lying island community with soil and groundwater conditions, which are corrosive to metals. e. Alameda has very fine, sandy soil conditions. f. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. 13 -3.4 Copy of California Building Code with Community Development Department. A copy of the California Building code, 2010 Edition, has been deposited in the Office of the Community Development Department of the city and shall be maintained by the Building official for use and examination by the public. 13 -4 ALAMEDA HISTORICAL BUILDING CODE 13 -4.1 Adoption of California Historical Building code. The California Historical Building code, 2010 Edition, published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Historical Building code. 13 -4.2 Copy of California Building code with Community Development Department. A copy of the California Historical Building code, 2010 Edition, has been deposited in the office of the Community Development Department of the city and shall be maintained by the Building official for use and examination by the public. 13 -5 ALAMEDA ELECTRICAL CODE 13.5.1 Adoption of California Electrical Code. 7 Except as hereinafter provided, the California Electrical code, 2010 Edition, published by the rational Fire Protection Association, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Electrical code. 13.5.2 Modifications, Amendments and Deletions to the California Electrical Code. a. Article 230 -8, Insulation of service Entrance conductors, of the California Electrical code, 2010 Edition, is amended by adding the following: Ends of service conductors, raceways and ducts in underground boxes shall be sealed to prevent entrance of moisture. b. Article 230 -24 (B) Vertical clearance From Ground, of the California Electrical code, 2010 Edition, is amended by adding the following: The service head shall be located on that portion of the building served which is facing the serving line. The service head shall be located at .that height which will allow for the proper clearance of the service drop over street, curb, and sidewalk. This will require that the service head for residential occupancies be not less than twelve.feet, six inches (12'0 above the driveway where the drops may cross a private driveway, and not less than ten feet, six inches (10'0 above the ground where persons may walk, other than a public walk, which requires a clearance of. sixteen .feet (18') above the curb. If the height of the building involved is such that those clearance heights cannot be maintained, then a periscope -type service or some other auxiliary structure shall be resorted to. In. the event that. a periscope -type service is used, it may be placed on the side of the building served not more than eighteen inches (18 back of the wall, which is facing the serving line. C. Article 230.20 Point of Attachment, of the California Electrical code, 2010 Edition, is amended to read as follows: 230.26 Means of Attachment. Unless special permission is granted in advance to do otherwise, the location of the point of service drop support or attachment on a building shall be at that..portion of the building facing and nearest to the street, alley, easement, or public way on which is located the utility's pole having .facilities for rendering service of the. type required to. fit the needs of the particular installation involved. The. point of attachment shall be the portion of the service conduit adjacent to the service head. The service conduit shall be securely fastened to structure served and space provided for attachment of a service drop strain clamp by the serving utility. The outer or upper end of the overhead service conduit shall not overhang or 0 project horizontally more than eighteen inches (18 beyond the last point at which the conduit is supported and fastened. In cases where it is necessary to obtain the required height for support of the service drops by extending the service conduit above the roof of the building, only rigid metallic and intermediate metal conduit shall be used for this purpose and shall not be smaller than one and one quarter inches (1 114 trade size, not to extend more than thirty inches (30 beyond the last support for periscope service without a brace. If nonferrous metal conduit is used, it shall not be smaller than two inches. d. Article 230.30 Insulation, of the California Electrical code, 2010 Edition, is amended by deleting the exceptions and adding the following: Service entrance conductors entering buildings or other structures shall be insulated. Conductors installed in underground raceways shall have XHHW, THW or other suitable insulation as listed in 75C column of Table 310-16 and subject to Article 110.14(1)(x) of the National Electrical Code. e. Article 230.43 Wiring Methods for 000 Volts, Nominal, or Less, of the California Electrical code, 2010 Edition, is amended by deleting items 1, 2 5 0 7 8 11, 12, 13 14 15 and 10 and by adding the following: Except when installed as busways or cablebus, all service entrance conductors in or on buildings shall be installed in rigid metal conduit. or intermediate metal conduit. service entrance conduits installed to supply single and duplex family units shall not be smaller than one and quarter inch 1 1/4") trade size. f. Article 230.50, Protection Against Physical Damage underground, of the California Electrical code, 2010 Edition, is amended .by adding the following: Underground service entrance conductors shall be installed in rigid metal conduit or rigid non metallic conduit sized not smaller than two inches (2 On utility poles conduit risers shall be schedule 80 rigid non metallic up to a height above grade of eight feet (8'). g. Article 230.70 General, (A) Location, of the California Electrical code, 2010 Edition, is amended to read as follows: The service disconnecting means shall be located at a readily accessible point nearest to the entrance of the. service conductors, and in residential property shall be accessible from the exterior, except when a meter room is provided. Such service disconnecting means shall not be installed under show windows, or in the cases of multiple occupancies, in any location not readily accessible to all parties concerned. service disconnecting means 9 shall not be installed in bathrooms. h. Article 230.71 Maximum Number of Disconnects, of the California Electrical Code, 2010 Edition, is amended to read as follows: A separate service disconnecting means shall be provided for each separately metered subdivision of the service conductors, switches or circuit breakers accessible from the exterior of the building shall be limited to.one for each meter; in new construction however, exceptions .will be granted in cases involving provisions for the installation of major household appliances, provided that the over current devices are contained within a single panel board assembly approved for the purpose, in which case the number of circuits shall be limited to six (6 More than six (0) disconnects will require a main disconnect. The service disconnecting means shad .have pro i locking each subservice disconnect in the "off'° position with..a .utility -type seal. All 480 volt services and all services equaling g reater than 800 amps shall have a single disconnect installed and approved by the Building official. i. Article 240.24, Location in or on Premises, (B) occupancy of the. California Electrical code, 2010 Edition, is amended by adding the following: In new installations, not more than two feeder or. .branch- circuit over.current devices shall be installed on the load side .of any meter in any meter.cabinet opening to the exterior of a building. For a larger number of over current devices, a distributia.n center. shall be p rovided at a suitable location Within the building. Exceptions to this rule will be granted in cases involving provision for the installation of major household appliances,% provid�ed.that the over current devices are contained within .a single panel board. assembly approved for .the purpose. I n apartment houses a nl other buildings of multiple occupancy, branch circuit over current devices which are located in an apartment or portion of the building irntended be separately occupied by a tenant will not be considered as being readily :accessible If they protect circuits supplying any outlets or equipment not for this exclusive use of this tenant. The over current device may be located in a commonly accessible location, but. all circuits supplying individual apartments in multifamily dwellings shall be confined to each individual apartment served. j. Article 250.50 Grounding Electrode system, of the California Electrical code, 2010 Edition, is amended by adding the following: The concrete encased electrode described in 250- 52(A)(3) shall be installed during the construction of all new buildings as the primary ground and when new foundations are constructed for existing buildings. A ground rod electrode shall be installed at the service entrance location at time of alteration or installation of service to existing buildings as a primary 10 grounding means. k. Article 250.1 04, Bonding of Piping systems and Exposed Structural steel, of the California Electrical code, 2010 Edition, is amended by adding the following: General. Interior and exterior hot and cold water system shall be bonded to the neutral buss and the interior gas piping. Such connection shall not be located in the under the -floor crawl spaces, except by permission of the Building official. I. Article 300.3, conductors, (C) conductors of Different systems, of the California Electrical code, 2010 Edition, is amended by adding the following: Conductors supplied by Individual Disconnecting Means in Two or More Occupancy Buildings. Conductors or circuits derived .from a sub service disconnecting means for an occupancy shall not occupy the same wiring enclosure, cable, or raceway with conductors for other occupancies. Exception 1. Emergency circuit wiring. Exception 2. Group mounted service boards in single enclosures and auxiliary gutters at service switchboard location. M. Article 334.10, Uses Permitted, of the California Electrical code, 2010 Edition, is amended by adding the following Non meta IIic- sheathed cable may be used in the hollow spaces of walls and ceilings of wood frame construction and must be concealed by the permanent finish of the building. It is limited to use on circuits not exceeding 300 volts between conductors or 150 volts to ground. n. Article 334.15(c), In Unfinished Basements, of the California Electrical code, 2010 Edition, is amended by adding the following: In wood frame construction where the basement has less than (3') three foot vertical clearance and the cable is not exposed to physical damage, the cable shall either be run through bored holes in joists, parallel to joist, or on girders or running boards and. shall closely follow the vertical surface of such members. Where cable is exposed to physical damage, a metal -clad system of wiring shall be used in the unfinished area of the building, subject to the requirements of Article 300 of the California Electrical code. o. Article 338.1 0, Uses Permitted as service Entrance conductors, of the California Electrical code, 2010 Edition, is deleted. P. Article 358.12, Uses Not Permitted, of the California Electrical code, 2010 Edition, is amended by adding the following: 11 (7) Electrical metallic tubing shall not be used in the ground floor slab or in any location where it would be in contact with the ground. q. Article 394 of the California Electrical code, 2010 Edition, is deleted. 13 Findings. Pursuant to sections 17958.5 and 17958.7 of the California Health and safety Code, the city council finds that the modifications of the California Electric code, 2019 Edition, contained in subdivisions (a) through (q) of section 13 5.2, are reasonably necessary because of certain local climatic, geographical and topographical conditions existing in the city of Alameda which are more specifically described as follows: a. The city of Alameda is an island community with access dependent upon bridges and underwater tubes and, in the event of a disaster, could be completely isolated from outside assistance. b. The City of Alameda is adjacent to several earthquake faults, which make buildings and structures susceptible to structural ruptures and fires. c. The entire municipal water supply for the City of Alameda is transported via three (3) aqueducts, which are vulnerable to earthquake and tidal flooding. d Alameda is a low lying island community with soil and groundwater conditions, which are corrosive to metals. e. Alameda has very fine, sandy soil conditions. f. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. g. Electrical power in the city of Alameda is provided by Alameda Municipal Power, a city -owned and operated municipal utility, which has the authority to regulate acceptable materials, arrangement, location and type of service equipment. 13 -5.4 Copy of California Electrical Code with Community Development Department. A copy of the California Electrical code, 2010 Edition, has been deposited in the Office of the Community Development Department of the city and shall be maintained by the Building official for use and examination by the public. nk"t WA t� 13-6.1 Adoption of California Plumbing Code, Except as hereinafter provided, the California Plumbing Code, 2010 Edition, published by the international Association of Plumbing and Mechanical officials, including Appendix chapters A, B, D through G, I and L, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Plumbing Code. Any conflicts between the requirements contained in the 2010 Alameda Plumbing Code chapter 1, Division 11 Administration and the 2010 Alameda Administrative code shall be controlled by the latter. 13 -6.2 Modifications, Amendments and Deletions to the California Plumbing Code. a. Section 009.3 of the California Plumbing code, 2010 Edition, is amended to read as follows: Section 699.3 water piping shall not be installed in or under a concrete floor slab within a building. b. Section 719.7 of the California Plumbing code, 2010 Edition, is added to read as follows: Section 719.7 A property line cleanout shall be placed at the junction of the building sewer and the street lateral whenever a new building sewer is installed or when more than fifty percent of any building sewer is replaced or repaired. Such cleanout shall be installed by the use of an approved cast iron double cleanout fitting. A cast iron riser shall also be required to be extended to grade. C. Section 1 211.13 of the California Plumbing code, 2010 Edition is amended to read as follows: Section 1211.18 Earthquake actuated Gas Shutoff Valves. Earthquake- actuated gas shutoff valves or excess flow valves, certified by the State Architect as conforming to California referenced Standard 12.15 -1, shall be provided as follows: a. On all projects in which a permit is issued for gas piping. b. Prior to entering into an agreement for sale, or prior to close of escrow when an escrow agreement has been executed in connection with the sale. 13 -6.3 Findings. Pursuant to Sections 17953.5 and 17958.7 of the California Health and Safety 13 Code, the City council finds that the modifications of the California Plumbing code, 2010 Edition, contained in subdivisions (a) through (c) of section 13 -5.2, are reasonably necessary because of certain local climatic, geographical and topographical conditions existing in the city of Alameda which are more specifically described as follows. a. The city of Alameda is an island community with access dependent upon bridges and underwater tubes and, in the event of a disaster, could be completely isolated from outside assistance. b. The city of Alameda is adjacent to several earthquake faults, which make buildings and structures susceptible to structural ruptures and fires. c. The entire municipal water supply for the City of Alameda is transported via three (3) aqueducts, which are vulnerable to earthquake and tidal flooding. d. Alameda is a low lying island community with soil and groundwater conditions, which are corrosive to metals. e. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. 13 -6.4 Copy of California Plumbing Code with the Community Development Department. A copy of the California Plumbing code, 2010 Edition, has been deposited in the Office of the community Development Department of the city and shall be maintained by the Building official for use and examination by the public. 13 -7 ALAMEDA MECHANlCAL. CODE. 13 -7.1 Adoption of California Mechanical Code. The California Mechanical Code, 2010. Edition, including only Appendix Chapter A, published by the International Association of Plumbing and Mechanical officials, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Mechanical code. Any conflicts between the requirements contained in the 2010 Alameda Mechanical code chapter 1, Division 11 Administration and the 2010 Alameda Administrative code shall be controlled by the latter. 13 -7.2 Copy of California Mechanical Code with Community Development Department. A copy of the California Mechanical code, 2010 Edition, shall be deposited in the Office of the Community Development Department of the city and shall be maintained by the Building official for use and examination by the public. 14 13 -8.1 Adoption of Uniform Housing code, Except as hereinafter provided, the Uniform Housing code, 1997 Edition, published by the international Conference of Building Officials, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Housing code. with respect to residential structures, Health and Safety code Division 13, 1.5, Section 17920.3, et seq., known as the State Housing Law, supersedes the applicability of the Uniform Housing code to the degree of any conflict between the State Housing Law and either of the building standards. 13 -8.2 Modifications, Amendments and Deletions to the Uniform Housing Code. a. Section 104 of the Uniform Housing code, 1 997, is deleted .in its entirety. b. Section 203 of the Uniform Housing code, 1 997, is deleted .in its entirety. c. Section 1101 through Section 1104 of the Uniform Housing code, 1 997 Edition, are deleted in their entirety. d. Sections 1201 through 1204 of the Uniform Housing code, 1997 Edition, are deleted in their entirety. e. Sections 1301 through 1305 of the Uniform Housing code, 1997 Edition, are deleted in their entirety. f. Sections 1 501 and 1 502 of the Uniform Housing code, 1997 Edition, are deleted in their entirety. g. Sections 1001 through 1002 of the Uniform Housing code, 1997 Edition, are deleted in their entirety. 138.3 Copy of Uniform Housing Code with Community Development Department. A copy of the Uniform Housing code, 1997 Edition, has been deposited in the office of the Community Development Department of the City and shall be maintained by the Building official for use and examination by the public. 13 -9 ALAMEDA CODE FOR THE ABATEMENT of DANGEROUS BUILDINGS 15 13-9.1 Adoption of Uniform Code for the Abatement of Dangerous Buildings, Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International conference of. Building officials is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda code for the Abatement of Dangerous Buildings. 13 -9.2 Modifications, Amendments and Deletions to the Uniform Code for the Abatement of Dangerous Buildings. a. Section 103 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is deleted in its entirety. b. Section 204 and Section 206 of the Uniform code for the Abatement of Dangerous Buildings, 1997 Edition, are deleted in their. entirety. C. Section 401 through Section 404 of the Uniform code for the Abatement of Dangerous Buildings, 1997 Edition, are deleted in their entirety. d. Section 601 through Section 604 of the Uniform code for the. Abatement of Dangerous Buildings, 1997 Edition, are deleted in their entirety. e. Section 601 through Section 606 of the Uniform code for the Abatement of Dangerous Buildings, 1997 Edition, are deleted in their entirety. f. Section 801 and Section 802 of the Uniform code for the Abatement of Dangerous Buildings, 1997 Edition, are deleted in their entirety. g. Section 901 through Section.9.12 of the Uniform code for the Abatement of Dangerous Buildings, 199.7 Edition, are deleted in their entirety. 139.3 Copy of Uniform Gode the Abatement of Dangerous Buildings with Comm..unity:Deve opment Department. A copy of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, has been deposited in the office of.the Community Development Department of the city and shall be maintained by the Building official for use and examination by the Public. 13-10 ALAMEDA GREEN. BUILDING.STANDARDS CODE, 13 -10.1 Adoption of California. Green Building Standards .Code. The California Green Building Standards code, 2010 Edition published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Green 16 Building Standards code. 13 -10.2 Copy of California green Building Standards Code with Community Development Department. A copy of the California green Building Standards code, 2010 Edition, shah be deposited in the office of the Community Development Department of the City and shall be maintained by the Building official for use and examination by the public. 13-11 ALAMEDA ENERGY CODE. 13 -11.1 Adoption of California Energy Code. The California Energy code, 2010 Edition published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda green Building Standards code. 13 -11.2 Copy of California Energy Code with Community eve o nt me p Department. A copy of the California Energy code, 2010 Edition, shall be deposited in the office of the Community Development Department of the city and shall be maintained by the Building official for use and examination by the public. Section 3. The Alameda Municipal Code is hereby amended by repealing Section 15 -1 (Alameda Fire Code) Chapter IV of the Alameda Municipal Code in its entirety and substituting the following: 15 -1.1 Adoption of the California Fire code. Except as hereinafter provided, the California Fire code, 2010 Edition, based on the 2009 edition of International Fire code, including chapters 1 and Appendix Chapters 4, B, BB, C, CC, D, E, F, H, and 1, being particularly the thereof and the whole thereof, is adopted by reference and made a part hereof as if fully herein at length, and shall be known as the Alameda Fire code. 15 -1.2 Modifications, Amendments and Deletions to the California Fire Code. a. California Fire code, 2010 Edition, Section 101 is amended to read as follows 101.1 Title. These regulations shall be known as the Alameda Fire code, hereinafter referred to as "this code." b. California Fire code, 2010 Edition, Section 1 02.1 is amended to read as 17 follows: 102.1 Construction and design provisions. The construction and design provisions of this code shall apply to: 1. Structures, facilities and conditions arising after the adoption of this code. 2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this code. 3. Existing structures, facilities and conditions when identified in specific sections of this code. 4. Existing structures, facilities and conditions, which, in the opinion of the fire code official, constitute a distinct hazard to life and property. 5. Existing structures to which additions, alterations or repairs are made that involve the addition, removal or replacement of fifty percent (50%) or greater of the linear length of the walls of the existing building (exterior plus interior) within a one -year period. 6. Existing structures to which additions, alterations or repairs are made that are valued at an amount set forth by resolution, where adopted. C. California Fire Code, 2010 Edition, Section 103.5 is added to read as follows: 103.5 Police powers. The fire code official and his or her deputies shall have the powers of police officers in performing their duties under this code. When requested to do so by the fire code official, the chief of police of the jurisdiction is authorized to assign such available police officers as necessary to assist the fire code official in enforcing the provisions of this code. d. California Fire Code, 2010 Edition, section 105.1.1 is added to read as follows: 1 05.'1.1 Permits required. The fees for permits and inspections shall be established by resolution of the City Council. e. California Fire Code, 2010 Edition, 307.1 is amended to read as follows: 307.1 Prohibited open burning, recreational fires and outdoor fireplaces. Open burning, recreational fires and the use of outdoor fireplaces are prohibited. f. California Fire Code, 2010 Edition, Section 316 is added to read as follows: 316.1 General. The requirements of this section apply to all pallets, whether wood or plastic. 316.2 Storage of idle pallets. Storage of idle pallets shall be regulated as follows: 1. Idle pallets shall be stored outside, except as permitted by Section 310.2(2) 18 of this code. 2. idle pallets shall be permitted to be stored in a building if the building is sprinklered in accordance with NFPA 13. 3. Idle pallets stored outside shall be stored in accordance with section 315.3 of this code. 315.3 Physical characteristics of outside storage. 1. Idle pallet stacks shall not exceed fifteen feet (15') in height. 2. Idle pallet stacks shall not cover an area of greater than 400 square feet. 3. idle pallet stacks shall be arranged to form stable piles. 4. A distance of not less than twenty feet (20') shall separate stacks. 5. stacks shall be no closer than twenty feet (20') to any property line. 0. Stacks shall be no closer than twenty feet (20') to any other yard storage. 7. Stacks shall be no closer than the distances shown in Fable 310.3 to buildings. TABLE 316.3 REQUIRED CLEARANCES BETWEEN OUTSIDE IDLE PALLET STORAGE AND BUILDINGS Wall construction Under 50 Pallets 51 -200 Pallets over 200 Pallets Masonry with no No restrictions No restrictions 15 feet openin s Masonry with wired No restrictions 10 feet 20 feet glass in openings, outside sprinklers, and one -hour doors Masonry with wired 10 feet 20 feet 30 feet or plain glass, outside sprinklers, and 3/ hour doors Wood or metal with 10 feet 20 feet 30 feet outsidesprinklers Wood, metal, or 20 feet 30 feet 50 feet other h. California Fire code, 2010 Edition, section 508.5.2 is amended to read as follows: 507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all tires and shall be 19 repaired where defective. Additions, repairs, alterations. and servicing shall comply with approved standards. When required by the fire code official, hydrants shall be painted in accordance with the most current edition of NFPA 291. L California Fire code, 2010 Edition, section 901.1.1 is added to read as follows: 901.1.1 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code. j. California Fire code 2010 Edition, section 901.4 is amended to read as follows: 901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. All systems shall. be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or.added to. Alterations to the fire protection systems shall be done in accordance with applicable standards. k. California Fire code, 2010 Edition, section 901.4.5 is added to read as follows: 901.4.5 Non- operational equipment. Any fire protection equipment that is no longer in service shall be removed. I. California Fire code, 2010 Edition, section 903.2 is amended to read as follows: Section 903.2 Where required. An automatic sprinkler system shall. be installed in the occupancies and locations as set forth in this section. M. California Fire Code, 2010 Edition, section 903.2.1 is amended to read as follows: Section 903.2 Occupancies requiring automatic sprinkler systems. An approved automatic sprinkler system shall be installed in all nearly constructed occupancies. All occupancy group types or buildings moved into or relocated within the city and shall comply with NFPA standard 13. and 13-R, and the following: 1. Bathrooms, regardless of size, and all spaces used for the storage of combustible materials. 2. When an existing building is added..to, repaired or remodeled, if the cost of addition, repair or remodeling, is.equa.l to or greater.than 25% of the current value of the building. The value shall be based on the International code Council Building Valuation .Data Table. Exception: Existing Group R., Division .3 .and Group R, Division 1 occupancies are excluded from this requirement. 3. The minimum hazard. classification shall be designed to meet "ordinary Hazard, Group 2." for.NFPA 1 systems. 4. Automatic sprinkler systems may be connected to the domestic water 20 supply main when approved by the fire code official, provided the domestic water supply is of adequate pressure, capacity, and suing for the combined domestic and sprinkler requirements. In such cases, the sprinkler system connection shall be made between the public water main or meter and the building shutoff valve. There shall not be any intervening valves or connections. The Fire Department connection may be omitted when approved by the fire code official. Exceptions: 1. An automatic sprinkler system need not be installed in detached Group U Occupancies (utility) less than 300 square feet. 2. An automatic sprinkler system need not be provided when the floor area of a temporary building as defined in the California Building Code is less than 1 ,000 square feet and the exit travel distance from any point .is less than 50 feet. 3. An automatic sprinkler system need not be provided when .the floor area of a Group B (Business), Group F (Factory), and Group S (Storage) occupancy is less than 300 square feet, as determined by the fire code official n. California Fire code, 2010 Edition, section 903.3.1.1.1 Exempt locations is amended to read as follows: 903.3.1.1.1 Exempt locations. In other than G I -2.1 and I -3 occupancies, automatic sprinklers shall not be required in the following morns or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that .rill respond. to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire resistance rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2 Any room or space where sprinklers are considered. undesira.b.le because of the nature of the contents, when approved..by the fire code official. 3. Fire service access elevator machine rooms.and machinery spaces. 4. spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, and associated electrical. power distribution equipment, provided those spaces or areas are equipped throughout with an automatic smoke detection system in accordance. with Section. 90.7.2 and are separated from the remainder of the building by not less than 1 -hour fire barriers constructed in accordance with .section 707 .of.the California .Build.ing Code or not less than 2 -hour horizontal assemblies constructed in accordance with section 712 of the California Building Code, or both. 5. Automatic fire sprinklers shall not. be installed at the top of passenger elevator hoist ways or in the associated passenger elevator mechanical rooms, 0. Where automatic fire sprinklers are not installed at the top of passenger 21 elevator hoist gays, heat detectors for the shunt trip mechanism shall not be installed, nor shall smoke detectors for elevator recall be installed. 7. Where automatic fire sprinklers are not installed in associated elevator mechanical rooms, heat detectors for the shunt trip mechanism shall not be installed. A smoke detector shall be installed for elevator recall. o. California Fire Code, 2010 Edition, section 907.9.5 is added to read as follows: 907.9.5 Zone transmittal. where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service coMMunications center. P. California Fire Code, 2010 Edition, section 907.3 is amended to read as follows: 997.8 Completion documents. The following documentation shall be provided at the time of acceptance testing for all fire alarm system installations: 1. A record of completion in accordance with N FPA 72. 2. A contractor's statement verifying that the system has been installed in accordance with the approved plans and specifications, and has been 100% tested in accordance with NFPA 72. 3. A contractor's affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the fire code official. q. California Fire Code, 2010 Edition, Section 2505.1 is amended to read as follows: 2505.1 Individual plies. Tire storage shall be restricted to individual piles not exceeding 2,500 square feet of continuous area. Piles shall not exceed 25,000 cubic feet in volume or 10 feet in height. 15 -1.3 Findings. Pursuant to sections 17955.5 and 17955.7 of the California health and safety Code, the City Council finds that the modifications of the California Fire Code, 2010 Edition, contained in subdivisions (a) through (ff) of subsection 15 -1.2, is reasonably necessary because of certain local climatic, geographical and topographical conditions existing in the City of Alameda which are more specifically described as follows: a. The City of Alameda is an island community with access dependent upon bridges and underwater tubes and, in the event of a disaster, could be completely isolated from outside assistance. b. The City of Alameda is adjacent to several earthquake faults, which make buildings and structures susceptible to structural ruptures and fires. T? C. The entire municipal water supply for the City of Alameda is transported via three (3) aqueducts which are vulnerable to earthquake and tidal flooding. d. Alameda is a low -lying island community with soil and groundwater conditions which are corrosive to metals. e. The City of Alameda lies in the path of two (2) airport landing and takeoff zones. 15 -1.4 Copy of California Fire Code with the Fire Marshal. A true copy of the California Fire code, 2010 Edition, has been deposited in the office of the Fire Marshal of the city and shall be maintained by the Fire Marshal for use and examination of the public. 15 -1.5 Enforcement officer. Any chief, Assistant chief or other Fire Department personnel assigned to the Fire Marshal of the city Fire Department shall be an enforcement officer. 15 -1.5 Establishment and Duties of the Fire Marshal. a. The Alameda Fire code shall be enforced by the Fire Marshal in the Fire Department of the city of Alameda which is established and which shall be operated under the supervision of the chief of the Fire Department. b. The Fire Marshal in charge of Fire Preventative Services shall be appointed by the Chief of the Fire Department. C. The chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the city Manager the employment. of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non members of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. 15 -1.7 New Materials, Processes or Occupancies Which May Require Permits. The Building Official, the Chief of the Fire Department, and the Chief Fire Preventative Services shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or 23 occupancies for which permits are required, in addition to those now enumerated in said code. The chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. 15-1.8 ,Appeals. Whenever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Alameda Fire code do not apply or that the true intent and meaning of the Alameda Fire code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the Dousing and Building code Hearings and Appeals Board, within thirty (30) days from the date of the decision of the Chief. Section 4 if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city council of the city of Alameda herby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance hereby adopted, to the extent of such conflict only, are hereby repealed. Section 6. The city clerk of the city of Alameda is hereby directed to cause this ordinance to be published in the official Newspaper of the city of Alameda Section 7. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after the date of its final passage and adoption. Presiding officer of the council Attest: Lara Weisiger, city clerk 2) 4 1, 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 day of 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of 2011. Lara Weisiger, City Clerk City of Alameda 25 CITY OF ALA M E DAB Memorandum To: Honorable Mayor and Members of the city council From: Lisa Goldman Acting city Manager Date: March 15, 2011 Re: Introduce an Ordinance Amending the Alameda Municipal Code by Repealing Article II (Boards and Commissions) of Chapter II (Administration) in Its Entirety and by Repealing Subsection 30 -65.7 (Public Art Commission) of Chapter XXX (Development Regulations) in Its Entirety and Adding a New Article II (Boards and Commissions) BACKGROUND Staff recently completed an analysis of all existing Boards, Commissions, committees, and other advisory bodies to identify opportunities to improve governance efficiencies. In the first phase of this analysis, staff reviewed all of the organizing language for each body codified in the city Charter and the Alameda Municipal code (AMC). The city has six Boards created by the charter: 0 civil Service Board Planning Board 0 Historical Advisory Board 0 Public Utilities Board 0 Library Board Social Service Human Relations Board The city has ten bodies codified in the AMC: Alameda Film commission cable Television committee Commission on Disability Issues Disaster Council Economic Development Commission Golf Commission Housing Commission Housing and Building code Hearing and Appeals Board Public Art Commission Transportation Commission recreation and Park Commission Youth Advisory Commission Cit Council A Item #6-1 Honorable Mayor and March 15, 2011 Members of the City Council Page 2 of 3 The language governing the Boards created by the Charter is located in Articles X, X11, X111 XIV, ACV, xVI, and XXVIII of the City Charter. The governance language related to the bodies codified in the AMC is primarily in Chapter II (Administration), Article 11 (Boards and Commissions). The language pertaining to the Civil Service Board is contained in AMC Section 2 -80.3, while the language for the Public Art Commission is contained in AMC Section 30 -65.7. DISCUSSION The review of the City Charter and AMC revealed that sections relating to these bodies are outdated. For instance, the Cable Television Committee voted to sunset itself in 2004, and the functions of the Disaster Council, a body created in the 1970s, have been replaced by the City's Emergency operations Plan, which has been approved by the City Council and meets current federal compliance standards. There were also significant inconsistencies in the organizing language pertaining to each body in the AMC. For example, only three of the six Boards created by the Charter are codified in the AMC, and only some of the bodies identify vacancy and removal criteria. To illustrate these inconsistencies, Exhibit 1 sets forth the varying subsection headings for each body codified in the AMC. In addition, the functions of the Public Art Commission and Civil Service Board were not codified in the Boards and Commission section of the AMC. Based on the analysis of the AMC and of the City Charter, it was determined that several changes to the AMC were in order. Those changes identified include: Eliminating the Cable Television Committee and the Disaster Council. Moving the Public Art Commission to the Boards and Commission. section of the AMC. Adding the Public Utilities Board, the City Planning Board, and the Library Board to the AMC. Standardizing the governing language and organization .in the AMC for all bodies, including language related to when members of Boards and Commissions can be appointed to serve their terms. The standardized language was drafted in consultation with the City Clerk and City Attorney's office and was written to incorporate language from the Charter for the Charted Boards, and where applicable for the bodies codified in the AMC. Staff secretaries were also asked to review and comment on the standardized language. Exhibit 2 presents the sample standard language used in the ordinance, unless it conflicted with language contained in the City Charter or when special circumstances dictated a variance from the standard, like the language pertaining to the Housing Commission tenant seat. Honorable Mayor and March 15, 2011 Members of the city council Page 3 of 3 This ordinance also restructures the order of appearance of each body in the AMC to start with the order used in the Charter, followed by the date that each body was created. FINANCIAL IMPACT There is no financial impact associated with the introduction of this ordinance. RECOMMENDATION Introduce an ordinance amending the Alameda Municipal Code by repealing Article II (Boards and Commissions) of Chapter II (Administration) in its entirety and by repealing Subsection 30 -65.7 (Public Art Commission) of Chapter XXX (Development Regulations) in its entirety and adding a new Article II (Boards and Commissions). Respectfully submitted, LAAAA. Terri Wright Senior Management Analyst Exhibits: 1. Subsection Heading for Each Body Codified in AMC 2. Sample AMC Standardized Language AMC Subsection Headings Recreation and Park Commission 2 -7.1 Commission Created, Purpose 2 -7.2 Membership, Appointment, Removal 2 -73 Qualifications, Voting 2 -7.4 Duties of Commission Transportation Commission (TC) 2 -8.1 Committee Established, Purpose 2 -8.2 Membership, Term of Office, Removal 2 -8.3 Qualifications, Quorum, Voting 2 -8.4 Meeting 2 -8.5 Duties 2-8 Appeal of TC Decisions Golf Commission 2 -9.1 Commission Created, Composition 2 -9.2 Membership, Appointment, Removal 2 -9.3 Voting 2 -9.4 Commission Pourers, Duties Historical Advisory Board 2 -10.1 Board Created 2 -10.2 Membership, Term of Office, Removal 2 -10.3 Meetings, Officers, Rules 2 -10.4 Quorum 2 -10.5 Duties 2 -10.6 Historic Sites 2 -10.7 Related Duties 2 -10.8 Fees Social Service Human Relations Board 2 -11.1 Intent 2 -11.2 Purpose 2 -11.3 Membership, Appointment 2 -11.4 Meetings 2 -11.5 Functions Housing Commission 2 -12.1 Commission Created, Purpose 2 -12.2 Membership, Appointment, Term 2 -12.3 Qualifications, Voting 2 -12.4 Meetings, Officers 2 -12.5 Duties Economic Development Commission 2 -14.1 Commission Created, Purpose 2 -14.2 Membership, Term of Office 2 -14.3 Qualification, Voting 2 -14.4 Vacancy, Removal 2 -14.5 Meetings Officers 2 -14.6 Duties Exhibit 1 Housing Building Code Hearing Appeal Board 2 --16.1 Definitions 2 -16.2 Board Created, of Members, Appointment 2 -16.3 Duties 2 -16.4 Qualifications, Term of Office, Removal 2 -16.5 Ex Officio Member 2 -16.6 Rules of Procedures, Decision of the Board 2 -16.7 Meetings, Notices 2 -16.8 Limitation of Authority Commission on Disability Issues 2 -17.1 Commission Established, Purpose 2 -17.2 Membership, Term of office, Removal 2 -17.3 Meetings 2 -17.4 Duties Alameda Film Commission 2 -18.1 Commission Created, Purpose 2 -18.2 Membership, Appointment, Term 2 -18.3 Qualifications, Voting 2 -18.4 Vacancy, Removal 2 -18.5 Meetings Officers 2 -18.6 Duties Civil Service Board 2 -80.3 Board Meeting Public Art Commission 30 -65.7 No Subsections Public Utilities Commission Not Codified in the AMC Planning Board Not Codified in the AMC Library Board Not Codified in the AMC Cit Council Exhibit I to Agenda Item #6-B .`1 Exhibit Z Sample standardized Language 2 -xx.1 Commission (or Board) created; Purpose There is hereby created a commission (or Board), which shall be known as... (Use existing description as available.) 2 -xx.2 Membership; Appointment; Term of office; removal; Vacancies a. The Commission (or Board) shall consist of (x) members, all of whom shall at the time of their appointment and continuously during their incumbency, be residents of the City. b. Upon nomination of the Mayor, the city council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission (or Board), for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Commission (or Board) may be removed by the vote of a majority of the Council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired term of office. 2 -xx.3 Meetings; Voting a. The Commission (or Board) shall meet as necessary to perform the duties outlined in subsection 2 -xx.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission (or Board) shall have the power to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Commission (or Board) shall be necessary to take any action thereof. 2-xx.4 Duties of Commission (or Board) It shall be the duty of the...: (Use existing duties as available) Cit Council Exhibit o A Item CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING ARTICLE II (BOARDS AND COMMISSIONS) OF CHAPTER II (ADMINISTRATION) IN ITS ENTIRETY AND BY REPEALING SUBSECTION 30 -05.7 (PUBLIC ART COMMISSION) OF CHAPTER XXX (DEVELOPMENT REGULATIONS) IN ITS ENTIRETY AND ADDING A NEW ARTICLE II (BOARDS AND COMMISSIONS) BE IT ORDAINED by the Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by repealing Article II (Boards and Commissions) of Chapter II (Administration) in its entirety to read as follows: 2.6 PUBLIC UTILITIES BOARD 2 -6.1 Purpose. The Public Utilities Board is responsible for the control and management of all public utilities owned by the City of Alameda, presently doing business as Alameda Municipal Power. 2 -6.2 Membership; Appointment; Term of office; Removal; Vacancies. a. The Board shall consist of five (5) members, one of whom shall be the City Manager who shall have full power of participating and voting. All members, excepting the City Manager, shall, at the time of their appointment and continuously during their incumbency, be electors of the City. b. Upon nomination of the Mayor, the City Council shall appoint, between May 1 and July 1 of each year, such Members as are necessary to maintain a full Board, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Board may be removed by the vote of a majority of the City Council. A vacancy in the office of a member shall be filled for the Introduction of ordinance #6.13 03 -15 -11 unexpired term by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired terra of office. 2 -6.3 Meetings; officers; voting. a. The Board shall meet as necessary to perform the duties outlined in subsection -6.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Board shall have the power to establish rules for its proceedings. At its first meeting, after July 1 of each year, the Board shall elect a President, a vice- President, and such other officers as it may desire. b. The votes of a majority of the entire membership of the Board shall be necessary to take any action thereof. 2 -6.4 Duties of Board. The Public Utilities Board shall carry out the duties as set forth in Article xll of the City Charter. 2 -6.5 Composition of Board; Special Terms, Qualifications, and Conditions. One member of the Public Utilities Board shall be an electrical, civil, ruining, or mechanical engineer. 2.7 CIVIL SERVICE BOARD 2 -7.1 Purpose. The Civil Service Board is responsible to the City Council for establishing and reviewing the policies of the Civil Service system and for making recommendations thereon. 2 -7.2 Membership; Appointment; Terra of office; Removal; Vacancies. a. The Board shall consist of five (5) members, all of whom shall, at the time of their appointment and continuously during their incumbency, be electors of the City. b. Upon nomination of the Mayor, the City Council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Board, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Board may be removed by the vote of a majority of the Council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the city Council, respectively, for the duration of the unexpired terra of office. 2 -7.3 Meetings; voting. a. The Board shall meet as necessary to perform the duties outlined in subsection 2-7.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Board shall have the power to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Board shall be necessary to take any action thereof. 2 -7.4 Duties of Board. The civil Service Board shall carry out the duties as outlined in Article Xlll of the city Charter. 2 -8.1 Purpose. The Planning Board's purpose is to investigate and recommend plans for the future development, improvement and beautification of the city. 2 -8.2 Membership; Appointment; Terra of Office; Removal; vacancies. a. The Board shall consist of seven (7) members, all of whom shall, at the time of their appointment and continuously during their incumbency, be electors of the city. b. Upon nomination of the !Mayor, the city council shall appoint, between May 1 and July 1 of each year, such members as are necessary.to maintain a full board, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Board may be removed by the vote of a majority of the Council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the city Council, respectively, for the duration of the unexpired term of office. 2 -8.3 Meetings; Voting. a. The Board shall meet as necessary to perform the duties outlined in subsection 2 -8.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Board shall have the power to establish rules for its proceedings. L b. The votes of a majority of the entire membership of the Board shall be necessary to take any action thereof. 2 -8.4 Duties of Beard The Planning Board shall carry out the duties as outlined in Article XIV of the city charter. It is the intent of the city Council in enacting this section to create an environment which will encourage and bring about mutual understanding, respect and good will among groups of people in the community and to improve social services in the community. The purpose of this section is to implement Section 15.1 of the city charter. 2 -9.2 Membership; Appointment; Term of Office; Removal; Vacancies. a. The Board shall consist of seven (7) members, all of whom shall, at the time of their appointment and continuously during their incumbency, be electors of the City. b. Upon nomination of the Mayor, the city council shall appoint, between May 1 and July 1 of each year, at least two members of such Board for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. C. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Board may be removed by the vote of a majority of the City Council. A vacancy in the office of a member shall be filled for the unexpired terra by nomination by the Mayor and the city Council, respectively, for the duration of the unexpired terra of office. 2 -9.3 Meetings; Voting. a. The Board shall meet as necessary to perform the duties outlined in subsection 2 -9.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Board shall have the power to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Board shall be necessary to take any action thereof. 2 -9.4 Duties of Board. It shall be the duty of the social service Human Relations Board to: a. Encourage the formation of private social welfare organizations to meet needs not already provided for and to foster all worthy philanthropic enterprises; b. Foster mutual understanding, respect, equality and good will among community groups; C. Facilitate the provision of social services in the community by informing private agencies of needs and of areas of duplication of effort; d. Disseminate information concerning the programs and functions of social service and regulatory agencies and to refer persons to the agencies which can best meet the needs of those persons; e. Assess and report to the city council the social service needs of the people and the methods of meeting those needs; and f. Adopt a plan for the performance of the above listed functions with advice and consent of the city Council. It is the intent of this section that the city Council and Board will meet at least once a year to review the plan. The Board shall not investigate the actions or proceedings of other city or county agencies or make findings of fact concerning actions taken or determinations made or proposed by such agencies. 2-10.1 Purpose. The purpose of the Library Board is to act as steward for the Alameda Free Library and to advise the City Council on matters pertaining to the library. 2-10.2 Membership; Appointment; Terra of office; Removal; vacancies. a. The Board shall consist of five (5) members, all of whom shall, at the time of their appointment and continuously during their incumbency, be electors of the City. b. Upon nomination of the Mayor, the City Council shall appoint, between May I and July 1 of each year, such members as are necessary to maintain a full board, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person seeks appointment. d. A member of the Board may be removed by the vote of a majority of the Council. A. vacancy in the office of a member shall be filled for the unexpired terra by nomination and appointment by the Mayor and. the City Council, respectively, for the duration of the unexpired terra of office. 2 -10,3 Meetings; Voting. a. The Board shall meet as necessary to perform the duties outlined in subsection 2 -10.4. [Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Board shall have the power to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Board shall be necessary to tape any action thereof. 2-10.4 Duties of Board. The Library Board shall carry out the duties as outlined in Article XVI of the City charter. 2-11.1 Purpose. In order to encourage broad community participation in the history of Alameda, and preserve and protect structures, sites and areas of historical significance in the City, and pursuant to sections 10 -1 and 28-1 et seq. of the City Charter, there is hereby created the Alameda Historical Advisory Board, hereinafter referred to as the Board, which shall be appointed and organised, and shall have responsibilities, as hereinafter set forth. 2 -11.2 Membership; Appointment; Term of office; Removal; vacancies. a. The Board shall consist of five (5) members, all of whom, at the time of their appointment and continuously during their incumbency, shall be electors of the City. b. Upon nomination of the Mayor, the City Council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Board may be removed by the vote of a majority of the Council. A vacancy in the office of a member shall be filled by appointment of a new member by the City Council for the duration of an unexpired term of office. 2-11.3 Meetings; officers; voting. a. The Board shall hold regular meetings on the first Thursday of each month in the City Council Chambers, unless proper notification is given for a change of location or time, and shall hold such additional meetings as it determines to be necessary for discharge of its responsibilities hereunder. The Board shall select a Chairperson and Vice Chairperson from its membership, each of whore shall serve in such offices for a term of one (1 year, or until their successors are selected, office holders may be returned to office. b. The votes of a majority of the entire membership of the Board shall be necessary to take any action thereof. 2.11.4 Duties of Board. It shall be the duty of the Board to advise the city Council on all matters concerning the historical state of the city, to report to the city council the historical needs of the city, and to recommend to the city council the means for their fulfillment. In discharge of this responsibility, in addition to those set forth in subsection 13 -21.3 of the Alameda Municipal code, the Board shall have the following duties. a. The Board shall act as a liaison between the city and historical organizations operating within the local community. b. The Board may advise and recommend to the City council implementation of procedures for establishing and maintaining appropriate relationships with non -local historical organizations. c. The Board shall perform such related duties as may be referred to them for action by the city council. 2 -11.5 Composition of Board; special Terms; Qualifications; and Conditions. Members shall have a demonstrated interest in the history, heritage, and architecture of the city of Alameda. Member composition shall be: a. One (1) registered architect; b. one (1) registered landscape architect, architect, or building designer, c. One (1)State licensed general building contractor; and d. Two (2) members shall be citizens of the city at large with an interest in community design; In the event that the City Council determines that any of the positions in subparagraphs (a), (b) or (c) cannot be filled by persons qualified thereunder, the City Council may fill any such position by appointing persons otherwise qualified under any of the above subparagraphs. 2.11.6 Historic sites. The Board may develop and recommend to the city council a program for the preservation and restoration of important historic sites within the City. 2 -11.8 Fees. All fines, fees or other monies arising out of the administration of the city Historical Advisory Board, or gifts or trusts therefore, shall be deposited in the Historical Advisory Board fund. The schedule of fines and fees shall be adopted by the City Council. Expenditures from the fund shall be approved by the City Council. 2 -12 RECREATION AND PARK COMMISSION 2 -12.' Commission Created; Purpose. There is hereby created a commission which shall be known as the Recreation and Park Commission, whose purpose shall be to advise, coordinate and give guidance to the acquisition, development, maintenance and operation of parks, playgrounds, and other recreational facilities in the City of Alameda for the promotion of a sound program of community recreation and vocational activities, using to the greatest practicable extent the land, equipment and personnel of the City of Alameda and the Alameda Unified School District. 2 -12.2 Membership; Appointment; Term of [office; Removal; Vacancies. a. The Commission shall consist of seven (7) members, all of whom shall, at the time of their appointment and continuously during their incumbency, be residents of the City. b. Upon nomination of the Mayor, the City Council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. a c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Commission may be removed by the vote of .a majority of the Council. A vacancy in the office of a member. shall be filled for the unexpired terra by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired term of office. 2 -12.3 Meetings; Officers; Voting. a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -12.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission shall have the power to establish rules for its proceedings. The Commission shall select from its regular membership a Chairperson and a'Vice- Chairperson, who shall serve in such office for a term of one (1) year commencing July 1 and until their successors are selected and qualified. b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2-12.4 Duties of Commission. It shall be the duty of the Recreation and Park Commission to: a. Advise the Director of Recreation and Parks, the City Council and the Board of Education on all matters pertaining to the establishment and operation of community recreation programs, activities and facilities. b. Hold hearings and do all things necessary to inform itself with respect to the promotion and successful operation of City recreational activities. c. Establish necessary or proper regulations and rules to carry out the provisions of this section including, but not limited to, the recommendation of rates, fees, and charges in connection with the use of facilities or participation in recreational programs, which shall be included in the City's annual blaster Fee Resolution for adoption by the City Council. 2 -13 GOLF COMMISSION 2 -13.1 Commission Created. There is hereby established a Commission which shall be known as the Golf Commission. 2 -13.2 Membership; Appointment; Term of Office; Removal; Vacancies. a. The Commission shall consist of seven (7) members, all of whom shall, at the time of their appointment and during their incumbency, be residents of the City. b. upon nomination of the Mayor, the City Council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority of the City Council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired term of office. 2 -13.3 Meetings; officers; Voting. a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -13.4. Meetings shall be held on a fiscal year schedule, running July"I through June 30. The Commission shall have the power to establish rules for its proceedings. The Commission shall select from its regular membership a Chairperson and a Vice Chairperson, each of whom shall serve in such offices for a terra of one year, or until their successors are selected. b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2 -13.4 Duties of Commission, It shall be the duty of the Golf Commission to: a. Advise the City Council on all matters concerning operational policies of the Alameda Municipal Golf Courses and such other golf facilities as may be established by or under control of the City, and to hold hearings, investigate, and do all other things necessary to inform itself with respect to the promotion and successful operation of the courses or facilities. In this connection, the Commission may consult and discuss with, and advise, the Golf Course General Manager respecting course operations and operational policies, subject to administrative duties of the City Manager as set forth in Charter section 7-2(1). b. Make recommendations and advise the City Council and other affected City Departments in writing with respect to the matters designated above. c. Establish necessary regulations and rules to carry out the provisions of this Section, and for the proper administration of the affairs of the Commission; provided, however, that fees for play upon the Courses shall be established by action of the City Council. 2 -14 HOUSING COMMISSION 2 -14.1 Commission Created; Purpose. There is hereby created a Commission which shall be known as the Housing Commission, whose purpose shall be to advise the Housing Authority of the city of Alameda on the development and maintenance of assisted housing programs in which the Authority may choose to participate. 2 -14.2 Membership; Appointment; Term of Office; Removal; vacancies. a. The Commission shall consist of seven (7) members, all of whom shall, at the time of their appointment and continuously during incumbency, be residents of the city. b. Upon nomination of the Mayor, the city council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified unless otherwise noted below in subsection 2- 14.5 (b). c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the commission may be removed by the vote of a majority of the council. A vacancy in the office of a member shall be filled for the unexpired term by a nomination and appointment by the city council for the duration of the unexpired term of office. 2 -14.3 Meetings; officers; voting. a. The commission shall meet as necessary to perform the duties outlined in subsection 2 -14.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The commission shall have the poorer to establish rules for its proceedings. The commission shall select from its regular membership a chairperson and a 'dice- chairperson each of whom shall serve in such offices for a terra of one (1) year, or until their successors are selected. b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2 -14.4 Duties of commission. It shall be the duty of the Housing commission to: a. Advise the Housing Authority Board of commissioners of the availability of programs which may provide for the development of assisted housing. b. Advise the Mousing Authority Board of Commissioners of the availability of programs which provide for maintenance, modernization or revitalization of existing facilities. c. Assist staff in the development of specific programs when requested to do so by the Mousing Authority Board of Commissioners. d. Assume those functions specifically delegated to it through resolution by the Mousing Authority Board of Commissioners. 2 -14.5 Composition of Commission; special Terms; Qualifications, and Conditions. a. Two (2) members of the Commission shall be tenants of the Housing Authority programs (Tenant Members), one of whom shall be over sixty -two (62) years of age. b. Tenant Members shall be appointed for a two -year terra. 2 -15 ECONOMIC DEVELOPMENT COMMISSION 2 -15.1 Commission created; Purpose. There is hereby created a commission which shall be known as the Economic Development Commission, whose purpose shall be to provide planning and leadership in the areas of economic development, redevelopment, and commercial revitalization in Alameda; to enhance policy advice to council; and to encourage greater integration, coordination, and cooperation for economic development. 2.15.2 Membership; Appointment; Terra of Office; Removal; Vacancies. a. The Commission shall consist of nine (g) members, all of whom shall, at the time of their appointment and during their incumbency, be residents of the City. b. Upon nomination of the Mayor, the City council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority of the council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and city Council, respectively, for the duration of the unexpired terra of office. 2 -15 :3 Meetings; voting. as The Commission shall meet as necessary to perform the duties outlined in subsection 2-15.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30, The Commission shall have the power to establish rules for its proceedings, b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2 -15.4 Duties of Commission. It shall be the duty of the Economic Development Commission to: a. Provide economic policy and planning leadership; b. Advise City council and Community Improvement Commission on implementation of economic development goals and objectives identified in the strategic and General Plans; and c. Assist staff in the development of specific policies, plans and programs when requested to do so by the City Council or community Improvement Commission. 2 -15,5 Composition of Commission: Special Terms, Qualifications, and Conditions. Five members of the Commission shall be appointed so as to represent each of the following industries: Banking and Finance Retail and Commercial Real estate and Land Development Manufacturing and Industrial Marine and Waterfront- Related 2 -16 TRANSPORTATION COMMISSION 2-16.1 Commission Created; Purpose. There is hereby created a commission which shall. be known as the Transportation Commission. The Commission shall advise the City Council on City transportation policies, through the development of transportation plans including but not limited to a Transit Plan, Bike Plan, Circulation Plan, Pedestrian Plan, and Transportation Demand Management Plan, and shall monitor, via quarterly staff reports, the implementation of approved transportation plans and policies. The Transportation Commission shall review proposed plans and policies with the Planning Board, where appropriate, prior to making recommendations to Council. The Transportation Com.mission may review major transportation plans, including project plans and documents that affect transportation systems in the City, for the purpose of providing comments to and advising the Planning Board and /or City Council, when. and where appropriate as to the consistency of the proposed plans or documents with established and /or adopted City of Alameda transportation policies. 2 -16.2 Membership; Appointment; Term of Office; Removal; vacancies. a. The Commission shall consist of seven (7) members, all of whom shall, at the time of their appointment and during their incumbency, be residents of the City, unless otherwise noted below in subsection 2 -16.5. b. Upon nomination of the Mayor, the City Council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified unless otherwise noted below in subsection 2-16.5. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority of the Council. A vacancy in the office of a member shall be filled for the unexpired terra by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired term of office. 2 -16.3 Meetings; Officers; Voting, a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -10.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission shall have the power to establish rules for its proceedings and select from its membership a chairperson and a vice chairperson, each of whom shall serve in such offices for a term of one (1) year or until successors are selected. b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2 -16.4 Duties of Commission, It shall be the duty of the Transportation commission to: a. Develop transportation policy recommendations for city council approval. Such policy recommendations shall be consistent with other adopted city plans and policies. The Transportation Commission shall consider the economic, community development (including environmental, aesthetic, public health and safety, and social welfare) and legal impacts of any recommended policies. b. Review and advise the appropriate city departments, committees, commissions, boards, and City Manager on transportation related documents. c. Review major transportation plans, including project plans and documents that affect transportation systems in the city for the purpose of providing comments and advising the Planning Board and/or city council, when and where appropriate, on the consistency of the proposed plans or documents with established and /or adopted city of Alameda transportation policies. d. Review and provide recommendations on referrals submitted by Public Works Director pursuant to Alameda Municipal code subsections 8 -1.1, 8- 5.1, 8 -8.1, 8- -20.3, 8 -20.4 and 8 -27.3. e. Perform the role as an appeals hearing board as designated in Alameda Municipal code subsection 8 -1.3. In no event shall the authority of the Transportation commission subvert, duplicate, or lessen the authority, duties, and responsibilities of existing city Committees, Commissions, Boards, or of the city Manager. 2 -16.5 Composition of Commission; special Terms; Qualifications, and Conditions. a. A maximum of two (2) members may be non residents of Alameda, employed by a business operating within the city of Alameda. b. Members shall be selected to represent the diversity of transportation modes and be balanced between commuter, business, and recreational use. 2 -16.6 Appeal of Transportation Commission Decision. a. Any interested person may file an appeal of a decision of the Transportation Commission by filing a written letter with the City Clerk within ten (10) days of the Transportation Commission decision and submitting an appeal fee as set forth by the master fee resolution. Appellant must state the reason for the appeal. b. Any member of City Council may call for a review of the decision of the Transportation Commission by notifying the City Clerk. The call for review must be done within ten (10) days of the Transportation Commission decision. No fee shall be paid for a call for review. c. Appeals or calls for review shall be scheduled for public hearing and decision by the City Council no later than the third regularly scheduled and held meeting following submittal of the appeal or call for review. An alternate date for the hearing may be selected by mutual agreement of the appellant and the City. d. The City Council shall review the appeal de nova and may affirm, reverse or remand. The appeal fee will be refunded only if the decision of the Transportation Commission is reversed. IN Pam 2 -17 Definitions. 2- 17.1.1 Building Code shall mean collectively or individually, the Alameda Administrative Code, the Alameda Building Code, the Alameda Residential Code, the Alameda Electrical Code, the Alameda Plumbing Code, the Alameda Mechanical Code, the Alameda Fire Code, the Alameda Housing Code, the Alameda Historical Building Code, the Alameda Code for the Abatement of Dangerous Buildings, the Alameda Green Building Standards Code, the Alameda Energy Code, and the State Housing Lags. 2- 17.1.2 Building official shall mean the Chief Building Inspector, Fire Marshall or Code Enforcement officer, or his or her appointed or designated representative. 2 -17.1 Board Created. There is hereby created a Board, which shall be known as the Housing and Building code Hearing and Appeals Board. 2 -17.2 Membership; Appointment; Term of Office; Removal; Vacancies. a. The Board shall consist of five (5) members, all of whom shall at the time of their appointment and continuously throughout their incumbency be residents of the city. b. Upon nomination of the Mayor, the City council shall appoint, between May 1 and duly 1 of each year, such members as are necessary to maintain a full Board, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person seeks appointment. d. A member of the Board may be removed by the vote of a majority of the Council. A vacancy in the office of a member shall be filled for the unexpired terra by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired term of office. 2-17.3 Meetings; voting. a. The Board shall meet as necessary to perform the duties outlined in subsection 2-17.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Board shall have the power to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Board shall be necessary to take any action thereof. 2 -17.4 Duties of Board. It shall be the duty of the Housing and Building code Hearing and Appeals Board to: a. Hear and decide appeals from orders, decisions or determinations made by the Building official regarding the application and interpretation of the Alameda Building Code, the Alameda code for Building Conservation, the Alameda Electrical code, the Alameda Plumbing code, the Alameda Housing Code, and all determinations made by the Fire chief regarding the application of the Alameda Fire code. b. Hear and decide appeals from orders, decisions or determinations made by the Building Official regarding the requirements of the city relating to the use, maintenance and change of occupancy of hotels, motels, lodging houses, apartment houses and dwellings, or portions thereof, and buildings and structures accessory thereto, including requirements governing alterations, additions, repair, demolition and moving of such buildings. c. Render all decisions and findings in writing to any appellant with a duplicate copy to the Chief Building Inspector. d. To perform such other duties as may be assigned to it by the city council. 2 -17.5 Composition of Board; special -Terms, Qualifications, and Conditions a. Members of the Board shall be persons who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city of Alameda. The city council shall endeavor to appoint persons who are knowledgeable in the construction or design of buildings and who are familiar with the content and application of the Uniform codes. b. The chief Building Inspector, or his/her designee, shall be an ex officio member of the Board, but shall have no vote on any matter before the Board. C. The Board shall have no authority relative to interpretation of the administrative provisions of the Building Code nor shall the Board be empowered to waive requirements of the Building code. 2 -18.1 Commission created; Purpose There is hereby created a commission, which shall be known as the Public Art Commission. The Public Art Commission is to support the provision of visual public art. 2 -18.2 Membership; Appointment; Term of office; Removal; vacancies a. The Commission shall consist of five (5) members, all of whom shall be residents of the City during incumbency. Members shall be knowledgeable about contemporary visual public art and capable of engaging effectively in a jury process. b. Upon nomination of the Mayor, the City Council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority of the council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the city Council, respectively, for the duration of the unexpired term of office. 2 -18.3 Meetings; Voting a. The Commission shall meet as necessary to perform the duties outlined in subsection 2- 18.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 80. The Commission shall have the power to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2 -18.4 Duties of Commission It shall be the duty of the Public Art Commission to: a. lake decisions regarding applications for the installation of public art, the selection of public art, and matters pertaining to the quality, quantity, scope and style of art in public places. b. Make recommendations to the city council regarding the Public Art Plan. C. Promote the City inventory of meritorious Public Art in public view. d. Assist private property owners, as requested, regarding the selection and installation of Public Art who are knowledgeable about contemporary visual public art, and capable of engaging effectively in a jury process. e. The Commission shall review and promote city inventory of meritorious Public Art in public view. 2 -19 COMMISSIO N ON DISABILITY ISSUES. 2-19.1 Commission Established. There is hereby established a commission which shall be known as the Commission on Disability Issues. 2 -19.2 Membership; Term of office; Removal. a. The Commission shall consist of eleven (11) members, all of whom shall be residents of the city. b. Upon nomination of the Mayor, the city council shall, at the time of their appointment and during their Mcurnbency, appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. C. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority of the council. A vacancy in the office of a member shall be filled for the unexpired terra by nomination and appointment by the Mayor and the City council, respectively, for the duration of the unexpired term of office. 2 -19.3 Meetings; voting. a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -19.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission shall have the power to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2-19.4 Duties of Commission. It shall be the duty of the Commission on Disability issues to: a. Provide information and make recommendations regarding disability issues to the city Council. b. Receive information regarding disability issues from the community at large. C. Adopt rules for the proper conduct of its affairs. In no event shall the authority of the Commission on Disability Issues subvert, duplicate, or lessen the authority, duties, and responsibilities of existing City Committees, Commissions, Boards, or of the city Manager. 2 -29 AILAMEDA FILM COMMISSION. 2 -20.1 Commission Created; Purpose. There is hereby established a commission which shall be known as the Alameda Film Commission, whose purpose shall be to enhance and encourage film /video production within the city, thereby advancing the economic benefits associated with it, and to encourage greater integration, coordination, and cooperation for the film /video industry in Alameda. 2 -20.2 Membership; Appointment; Term of Office; Removal; Vacancies. a. The Commission shall consist of eleven (11) members, all of whom shall, at the time of their appointment, be residents of the City during incumbency, except as noted below in subsection 2 -20.5. b. Upon nomination of the Mayor, the City Council shall appoint, between May 1 and .duly 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified unless otherwise noted below in subsection 2 -20.5. C. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority of the Council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired term of office. 2 -20.3 /Meetings; Officers; Voting. a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -20.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission shall have the power to establish rules for its proceedings. The Commission shall select from its regular membership a Chairperson and a Vice Chairperson, each of whore shall serve in such offices for a terra of one (1) year, or until their successors are selected. b. The votes of a majority of entire membership of the Commission shall be necessary to take any action thereof. 2 -20.4 Duties of Commission. It shall be the duty of the Film Commission to: a. Promote Alameda as a film destination; b. Assist staff in the development of specific policies, plans and programs to promote the film /video industry in Alameda; C. Maintain liaison with other specific interest groups, councils, organizations, and Institutions related to the film Industry; d. Provide perspective and recommendations for the City Council with respect to the development and planning for a significant film arts base in Alameda; and 2 -20.5 Composition of Commission; Qualifications and Conditions. The Commission shall consist of eleven (11) members as follows: i. Three (3) members as follows: 1. Executive Director of the Park street Business Association, or his/her designee; 2. Executive Director of the west Alameda Business Association, or his/her designee; 3. Chief Executive officer of the Alameda Chamber of Commerce, or his /her designee. ii. Eight (8) members as follows: 1. One (1) neighborhood member; 2. One (1) waterways representative from amarina -based business; 3. One (1) realty /property management professional; 4. Three (3) members possessing working knowledge of the film /video industry; 5. One (1) resident with knowledge of local history; and 6. One (1) representative from the arts /cultural community. The eight (8) members shall, upon nomination of the Mayor, be appointed by the City council. 2-21 YOUTH ADVISORY COMMISSION. 2 -21.1 Commission Created; Purpose. There is hereby established a commission which shall be known as the Youth Advisory Commission, whose purpose shall be to provide city policyrnakers with the unique perspective of the community's youth on municipal issues and matters of concern to young people, to provide a forum for discussion regarding how the city can better serve its youth, and to encourage the participation of youth in local government. 2 -21.2 Membership; Appointment; Term of office; Removal; Vacancies,, a. The Commission shall consist of eleven (11) regular members, all of whom shall be residents or attend a school within the city. b. Upon nomination of the Mayor, the city council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for two years and thereafter until the successor of such member is appointed and qualified. C. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority of the council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired terra of office. 2 -21.3 Meetings; Officers; Quorum; Voting. a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -21.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The commission shall have the power to establish rules for its proceedings and select from its regular membership a chairperson and a Vice- chairperson, who shall serve in such offices for a term of one (1) year commencing October 1, and until their successors are selected and qualified. b. six (0) members of the Commission shall constitute a quorum. The votes of the majority of the quorum present at any one meeting shall be necessary for any action thereof. 2 -21.4E Duties of Commission. It shall be the duty of the Youth Advisory Commission to: a. Advise the city council on all matters pertaining to the programs, activities, facilities and services of interest or concern to the Youth of the City of Alameda. b. Prepare a report annually on the Commission's analysis of how well the City of Alameda is meeting the needs of its youth and what can be done by the city to better serve the interests of youth. 2 -21.5 Composition of Commission; special Terms; [qualifications, and Conditions. Members shall be at least the age of fourteen (14) at the time they take office and no older than twenty (20) at the time they complete their second two- yearterm. Section 2 The Alameda Municipal code is hereby amended by repealing subsection 30 -05.7 (Public Art commission) of Article Ul (Real Estate Subdivision Regulations) in its entirety. Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city Council of the city of Alameda herby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 4. This ordinance shall be in full force and effect from and after expiration of thirty (30) days from the date of its final passage. 'residing Officer of the Council Attest: Lara Weisiger, City Clerk City of Alameda UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- FEBRUARY 15,2011- -7:01 P.M. Mayor /Chair Gilmore convened the meeting at 8:15 p.m. ROLL CALL Present: Councilrnembers I Board Members Commissioners Bonta, deHaan, Johnson, Tarn and Mayor /Chair Gilmore 5. Absent: None. AGENDA ITEM -009 CIC Recommendation to Approve Execution of Estoppel Certificates and Consent to Assignments of the Following Documents (collectively, "Alameda Landing Agreements to Catellus Alameda Development, LLC "Catellus Cond.itioned upon Receipt of Entity Relationship Information: 1. The Disposition. and Development Agreement Dated December 5, 2006, By and Between the. Community Improvement Commission of the city of Alameda "CIC and Palmtree Acquisition Corporation "PAC as Amended by (a) the First Amendment to Disposition and Development Agreement (Alameda Landing Mixed Use Project) Dated .as of December 4, 2007, and (b) the Second Amendment to Disposition and Development Agreement. Dated as of June 4, 2008 (Collectively, the "Alameda Landing DDA 2.. The Development Agreement (Alameda Landing Mixed Use Commercial Project) Dated as of January 16, 2007 By and Between the City of Alameda "City and PAC, as Amended.by the First Amendment to Development Agreement (Alameda Landing Mixed. Use— Commercial Project) Dated as of December 4, 2007 (Collectively, the. "Commercial DA 3. The Development Agreement (Alameda Landing Mixed use Residential Project) Dated as of January 2, 2007, By and Between the City and PAC (the "Residential DA 4. The Right of Entry for Preliminary Work (Alameda Landing Testing /Investigation) Permit, Dated August 31, 2009, By and Between PAC, as Permittee, and the CIC, as Amended by That Certain Right of Entry for Preliminary work (A.larneda Landing Testing /Investigation), Dated August 30, 2010 (the "Permit 5. Agreement of Property Exchange and Joint Escrow Instructions, Dated as of May 13, 2008, By and Among PAC, the Peralta Community College District (the "District and the CIC, as Amended by (a) the First Amendment to Agreement of Property Exchange and Joint Escrow Instructions Dated as of June 3, 2008, and (b) the Second Amendment to Agreement of Property Exchange and Joint Escrow Instructions Dated as of June 24, 2008 (Collectively, the "Property Exchange Agreement The Deputy City Manager— Development Services gave a brief presentation. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement commission February 15, 2001 Toni Marshall and Sean whiskeman, Catellus Development corporation, gave a Power Point presentation. Commissioner Tarn stated the schedule is aggressive and inquired whether the new owners have committed funding. Mr. Marshall responded a financial analysis has been done as part of the asset acquisition; stated TPG has an interest in developing Alameda Landing; standard things have to happen before going forward; the Governor's pursuit of redevelopment funds needs to be understood; lining up Target and additional retailers and bringing conversations with hornebuilders to fruition are important; close to $20 million has already been spent, including Stargell improvements; TPG would be the majority owner, not an investor, and would be prudent underwriters. Commissioner Johnson inquired how the project would be impacted if the Governor's proposal goes forward, to which Mr. Marshall responded that he does not know whether grandfathering in the project would be possible. Commissioner Johnson stated existing debt could be grandfathered, but no future debt would be issued. Mr. Marshall stated $20 million has been spent based upon the assumption that redevelopment funds would be available; there is a contract [DDA] to that. effect, however, the city has been careful not obligate itself to something it does not have; other cities and developers are in the same position and will fight to avoid it [elimination of redevelopment funding]; the loss would not be insurmountable. The Deputy city Manager Development Services stated the city considers that it has an obligation that constitutes debt under redevelopment law. The Acting City Attorney stated an action was taken several weeks ago to protect everything locked in by contract. Commissioner Johnson inquired when are the next milestones under the current DDA. Mr. Marshall responded an infrastructure commitment would be needed by the end of 2012; stated. the DDA includes a first phase or an alternative first phase, which is a minimum of 14 acres; the intent is to comply with the milestone. Chair Gilmore inquired whether Target would be opening in 2013, to which Mr. Marshall responded the current schedule is working towards a 2013 opening. Chair Gilmore inquired whether infrastructure for the 14 acres would have to be done Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 2 Community Improvement commission February 15, 2001 well before [Target opens], to which Mr. Marshall responded in the affirmative. In response to Commissioner Johnson's inquiry regarding the timeline in the agreement, Mr. Marshall stated Catellus is proposing to abide by the timelines in the DDA; operating under a tighter ti meframe would be difficult; the schedule has been discussed with Target; adequate contingency is needed for issues that might arise. Commissioner Johnson stated the community has been hearing about Target for some time; the terra sheet was negotiated a couple of years ago; inquired whether there is anything firmer now. Mr. Marshall responded Catellus has four deals with Target; stated Target has set priorities and has slotted Alameda Landing for 2013; ground is being broken for a Target in Fremont, which has a more pressing need; Target calls the shots; Catellus is not in a position to push the schedule because of the economic environment; new ownership and an improved economic environment allow Catellus to better project the schedule; however, the Target project is not iron clad and cannot be guaranteed. In response'to Commissioner Johnson's inquiry regarding when the project would start, Mr. Marshall stated demolition would have to start soon. Commissioner Johnson stated Catellus would have to move quickly to meet the milestone with or without Target. Mr. Marshall stated quite a few decisions have to be made to commit to the process; Target is an important piece; Catellus has its work cut out to deliver on schedule. Commissioner Johnson stated that she is disappointed to hear that the project was relegated to a non -core asset status [under ProLogis; inquired how and when the status occurred and how the City can ensure it does not happen again. Mr. Marshall responded ProLogis never indicated the project would not go forward; stated the point is that Alameda Landing would be the centerpiece going forward [under TPC]; the project is reintroducing the Catellus brand. Commissioner deHaan inquired whether the proximity of the Emeryville Target would impact Alameda. Mr. Whiskeman responded Target took over the old Horne Depot Expo in Emeryville; stated the store would open March 6 th and is in an area that is massively underserved. Commissioner deHaan stated milestones have been extended; the City put up $2 million to remove the hospital; inquired how the City would be reimbursed. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 3 Community Improvement Commission February 15, 2001 The Deputy City Manager Development Services responded staff has discussed the matter with Catellus; stated Catellus would be asking for DDA amendments; both Catellus and the City want recognition for past expenditures. Commissioner deHaan stated the City's sewer funds were loaned to the Stargell Project, which some thought should have been covered by Catellus. Commissioner Johnson inquired when conveyance would occur, to which Mr. Marshall responded Catellus is focused on committing to infrastructure, which would precede conveyance. Commissioner Johnson stated not moving forward aggressively would be easy for Catellus; the City does not want Catellus holding on to the land longer than necessary. The Deputy City Manager Development Services stated Catellus would be taking down the land and selling 10 acres to Target. Commissioner Johnson stated having something more concrete on Target's plan to move forward in Alameda would be nice; Target is opening in other. areas within close proximity; questioned when market saturation would be reached; stated decisions have been made based on Target corning to Alameda; an economic disincentive should be established, such as conveying the land by a set date, to prevent Catellus from simply holding on to the land; that she is reluctant to consider the Estoppel Agreement if Catellus is asking for DDA amendments; that she would prefer to see everything come at the same time. Chair Gilmore inquired what happens if Catellus does not meet the first mandatory milestone. Mr. Marshall responded the City would put Catellus on notice; stated one remedy would be for the City to start marketing the property; Catellus would have a first position lien to recover the money it advanced on the Stargell right -of -way. Chair Gilmore inquired whether Catellus asking for consent to the transfer would allow the City to impose any more stringent requirements to accelerate the timeline. The Acting City Attorney responded the Commission has absolute discretion over approval; stated the Commission deciding to deny the transfer would trigger a sequence of events, including a meet and confer process; Catellus. has. remedies .available under the Contract; staff has recommended keeping DDA amendments separate from the transfer; the Commission could discuss including conditional approval items. Chair Gilmore questioned the point of withholding consent when Catellus has to. meet the 2012 deadline. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 4 Community Improvement Commission February 15, 2001 Mr. Marshall noted that the City would be talking to Prol-ogis, not Catellus, if the transfer is not approved; stated everyone involved with the project is leaving as part of the TPC transaction; that he understands the frustration with the lack of progress; however, progress has been made with Stargell; the schedule is tight; the DDA amendments being contemplated are more technical in nature to accommodate the Target building; the amount of square footage allowed south of Mitchell Avenue is limited; a lot [of the amendments] are planning in nature; the issues have been discussed with Community Development staff; staff has liked what Catellus has presented. Chair Gilmore stated that she is not asking the questions because she does not want to give consent; rather, she is letting Catellus know if consent is given and the 2012 deadline is not met, there probably would not be any second chances; Catellus is hearing the community's and Commission's frustration; the economy could not have been predicted, but is turning around; hopefully, the project is a centerpiece; the City expects the project to be aggressively pursued; there will be a serious discussion if the 2012 deadline is missed. Mr. Marshall stated Catellus would do a better job of keeping the City informed. Chair Gilmore stated that she appreciates the sentiment; updates would be helpful going forward. Commissioner Tam stated that she sees the transfer as a fresh start; the lag has been due to the economy; Mr. Marshall has indicated the DDA amendments would be technical changes; the Deputy City Manager Development Services has implied .there would be an adjustment and crediting of the fire that cost $2.2 million and the Stargell project which came in at $g.2 million. The Deputy City Manager Development Services stated staff could discuss the matter as part of the DDA amendments; the current DDA does not include anything regarding the fire. Commissioner Tara stated that she recalls the DDA has a demolition requirement. The Deputy City Manager Development Services stated the DDA does not address anything regarding the City being reimbursed. Commissioner deHaan stated the building had to be removed after the fire; the City did not have a choice; Catellus did not step up to the plate. The Deputy City Manager Development Services stated Catellus would have had to pay for demolition as part of its costs. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 5 Community Improvement Commission February 15, 2001 Commissioner Tam stated the City's costs exceeded the demolition cost. The Acting City Attorney stated there was urgency to do the clean up; in the [DDA] the developer has the choice of whether or not to elect to do the next piece, which is why the City took care of domolition without insisting that the developer pay, with the idea that the matter would be revisited later on if the developer proceeds. The Deputy City Manager Development Services stated staff could discuss reimbursement as part of the DDA discussions. Commissioner Tara inquired whether Catellus is receptive. Mr. Marshall responded Catellus understands how everything works; stated the topic is familiar; Catellus would put a plan together that would attemp to meet. the. schedule; whatever can be done to not overly burden the initial phase would be helpful in implementing the schedule; Catellus recognizes that it would have. had to pay to demolish the hospital after committing to the phase that includes. that part of the property; unfortunately, the costs the City incurred were exponentially higher than what Catellus would have had to pay; Catellus understands the City will grant to discuss the matter. In response to Commissioner Bonta's inquiry about the size of the Emeryville Target, Mr. Whiskeman responded approximately 138,000 square feet. Commissioner Bonta inquired whether Target is aware of the schedule and whether being slated to open [in Alameda] in 2013 is consistent with Target's plans, to which Mr. Whiskeman responded Target has a very specific process to open a store and the schedule fits. Commissioner Bonta stated there has been frustration with project delays; clearly, there have been challenges; hopefully, Catellus gets the sense that the Community really wants the project; that he is excited about the new energy, money and the project becoming a higher priority [under TPG]; however, nothing will speak louder.than action. Commissioner Johnson inquired whether Catellus would ask for any changes to the milestones or schedule in the DDA amendments, to which Mr. Marshall responded Catellus has not contemplated doing so at this point. Commissioner Johnson urged Catellus not to do so. In response to Commissioner deHaan's inquiry about when the DDA amendments would come back, Mr. Marshall stated planning efforts have been shared with staff and the process would continue at another meeting scheduled for March lo Catellus is doing technical studies and background underwriting needed to press forward; Catellus Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 6 Community Improvement Commission February 15, 2001 should be in a position to come back with the list of items [DDA amendments] in a matter of months. Commissioner deHaan stated Catellus has been involved in the Emeryville and Fremont Target stores; inquired where the other store mentioned would be located, to which Mr. Marshall responded New Jersey. In response to Commissioner deHaan 's comments regarding handling the DDA separately, Mr. Marshall stated Catellus has a very limited timeline to meet the initial phase obligation; coming with a list of egregious DDA amendments would be foolish; a protracted DDA negotiation is not in Catellus's schedule. Commissioner deHaan moved approval of the staff recommendation, with stipulations that the DDA amendments would be presented to the Commission in the next few months and concerns about the City's outstanding money [spent on the hospital fire and Stargell improvements] would be part of the [DDA amendment] discussions. Commissioner Johnson seconded the motion, which carried by unanimous voice vote 5. Mayor Chair Gilmore called a recess to hold the regular meeting at 9:12 p.m. and reconvened the meeting at 11:24 p.m. CONSENT CALENDAR Mayor /Chair Gilmore announced that the Contract [paragraph no. 11 -018 AR RA1 was withdrawn from the agenda. Councilmen ber /Board Member /Commissioner deHaan moved approval of the remainder of the Consent Calendar. Vice Mayor /Board Member /Commissioner Bonta seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] *11 -092 CC111 --017 ARRA/11-010 CIC) Minutes of the special Joint City Council, ARRA, and CIC Meeting Held on January 25, 2011; and the special Joint City Council ARRA, CIC, and Housing Authority Board of Commissioners Meeting Held on February 1 2 .011. Approved. (11 -018 ARRA) Recommendation to Award Contract for the Alameda Point Resource Team to Perkins +Will in the Amount of $200,000 for Land Use Planning Consulting Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 7 Community Improvement Commission February 15, 2001 Services. Not heard. AGENDA ITEM (11 -093 CC111 -019 ARRA/11-011 CIC) Recommendation to Accept the Quarterly Financial Report Through December 31, 2010 and Approve the Mid -Year Budget Adjustments to the City's FY10 -11 Budget. The Controller gave brief presentation. Mayor /Chair. Gilmore inquired whether the $1.1 million for the Alameda Point Going Forward Project is related to what was requested tonight under another item [Perkins Will contract, paragraph no. 11 -0 18 ARRAI The Deputy City Manager Development Services responded the Contract is included in the $1.1 million; stated staff is suggesting using $344,000 in bond money so.that the net would be $700,000, which includes $400,000 for water and $330,000 for the Alameda Point Going Forward Project. Mayor /Chair Gilmore inquired whether approving the funding would back ARRA into approving the contract. The Deputy City Manager Development services responded the item would not go forward without the contract being approved by ARRA. Mayor /Chair Gilmore stated that she and Councilrnember /Board Member /Commissioner deHaan asked for an explanation regarding the General Fund balance. The Acting City Manager/Executive Director stated a memo would go out tomorrow. The Controller stated the available reserves in the General Fund. ranged from 14% to 21% for Fiscal Year 2001 -2002; the Fiscal Year 2010 -2011 budget is at 21% and is similar to Fiscal Year 2002 -2003 and Fiscal Year 2003 -2004; the main reason the percentage has gone up is that the Fleet Industrial service Center (FISC) Special Revenue Fund has repaid the City $1 million from a loan;; the City has had expenditure savings on average of about 5% the last couple of years; unexpected vacancies result in savings; capital maintenance expenditures were approximately for Fiscal Year 2004 -2005; in Fiscal Year 2009 -2010, $1.5 million was spent; $2 million has been budged for Fiscal Year 2010 -2011. The Acting City Manager/Executive Director stated departments have done a lot of belt tightening; one year, expenditures came in $5 million under budget. The Controller stated Fiscal Year 2009 -2010 had a positive variance and generated Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 8 Community Improvement Commission February 15, 2001 about $3 million in savings; the percentage variance was only 2% for revenues in Fiscal Year 2009 -2010 and was in the norm for projections. In response to Councilmember /Board Member/Commissioner Johnson's inquiry regarding the Community Development positions, the Deputy City Manager Development Services stated the Community Development Department is doing much better than in the last three years; currently, Community Development funds are $40,000 in the black; staff expects to break even by the end of the year even with budget adjustments; permits have increased by 37% with a 70% increase. in construction value; two code enforcement inspectors have been converted to permit positions; code enforcement generates over $200,000 in revenue and expenditures are at $179,000; a temporary, part -tune counter planner has been doing a tremendous job; staff would like to change the position to a full time, permanent position. The Building official stated the part -time counter planner has provided consistency and improved customer service. Councilmember /Board Member /Commissioner Johnson stated some of the revenue from the sale of the Alameda Towne Centre sale should be set aside for capital improvements; the moneys one -time revenue. The Acting City Manager /Executive Director stated most of what is in the General Fund are one -time expenses. Councilrnember /Board Member /Commissioner Johnson inquired whether the $2.1 in property transfer tax [from the sale of the Alameda Towne Center] would be spent through June. The Controller responded in the affirmative; stated some payments are required versus discretionary; the City cannot get out of the $800,000 EMS payment and $575,000 in labor settlements; the cable studio upgrade expenditure is optional. Councilmember /Board Member /Commissioner Johnson stated cable studio upgrading needs to be done; maintaining fiscal discipline in Internal Service Funds its important. The Controller stated all funds are contributing to Internal Service Funds; staff wants to bring up the fund balance in the unemployment insurance fund. Councilmember /Board Member /Commissioner Johnson stated departments need to build the Unemployment Insurance Fund. The Acting City Manager /Executive Director stated some expenses need to be paid one way or another; requesting departments to eat a cost would result in being over budget. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 9 Community Improvement Commission February 15, 2001 Councilmember /Board Member /Commissioner Johnson stated the $2.1 million is artificial and should be used for mandatory one -time expenses. (11 -094 CC /11 -0220 ARRA /11 -012 CIC) Councilmember /Board Member /Commissioner deHaan moved approval of continuing the meeting past midnight. Vice Mayor /Board Member /Commissioner Bonta seconded the motion, which carried by unanimous voice vote 5. Mayor /Chair Gilmore stated departments would come in over budget at the end of the year and look to the General Fund if the $2.1 million is not used for projected overages. CouncilmemberlBoard Member /Commissioner Johnson stated departments would need to explain why they are over budget; some of the $2.1 million is being used for mandatory expenses; the discretionary portion of the $2.1 million is probably $500,000. The Controller stated the discretionary portion is approximately $400,000. Council member/Boa rd Member /Commissioner deHaan stated other Post Employment Benefits gent up 11 inquired whether the Police and Fire Departments are fine with the projected overtime budget. The Acting Police Chief responded that he is comfortable with the bottom line; stated overtime has been projected; the Police Department has had more overtime than normal due to injuries; the Superior Court closure has had an impact; a significant incident, such as a homicide, is out the Department's control. The Acting Deputy Fire Chief responded the Fire Department anticipates overtime savings because of the Staffing for Adequate Fire and Emergency Response (SAFER) hiring. CouncilmemberlBoard Member /Commissioner deHaan inquired what is the overtime budget for Police and Fire, to which the Controller responded overtime for Fire is $x25,000 and Police is $400,000. The Controller stated overtime [overage] would be covered with savings in other categories. The Acting City Manager /Executive Director stated barring unforeseen major incidents, the projected overtime is a gorse case scenario. Mayor /Chair Gilmore stated that she appreciates the heads up; the Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 10 Community Improvement Commission February 15, 2001 Council /Board /Commission would not have been happy hearing about projected overtime for the first time in June. Councilmember /Board Member /Commissioner Tam stated the staff report notes the CIC is losing $4.4 million in redevelopment funds because of Supplemental Educational Revenue Augmentation (SERAF) and has a potential loss of $900,000 to $1 million this year; inquired whether Proposition 22 was suppose to help shelter the funds. The Acting City Manager /Executive Director responded the SERAF payments are a hold over from the budget a couple of years ago; stated the City is stuck with the second year SERAF payment regardless of Proposition 22. Council member/Board Member /Commissioner Tam stated the City will never get the money back; inquired why projections at June 30, 2011 are approximately $56 million for revenues and $69 million for expenditures. The Controller responded the Special Revenue Funds are project oriented; stated funds get built up and are spent when there is enough money; reserves are being used [for projects] this year; some years, Special Revenue Fund reserves go down. Councilmember /Board Member /Commissioner Tam inquired whether lumping the Alameda Point Going Forward Project with ARRA repairs would sacrifice one for the other; stated the ARRA fund balance is $7.6 million as of June 2010. The Deputy City Manager Development Services responded $x'00,000 would be drawn down on the ARRA fund balance leaving a $6.2 million fund balance at the end of this fiscal year. Councilmember /Board Member /Commissioner Tam stated the Police and Fire Departments have provided worst case scenarios; an unanticipated $2 million FISC fire required drawing down on ARRA reserves; ARRA was not previously charged for using water consumption due to an opened bypass valve diverting water from East Bay Municipal Utility District (EBMUD); there is a $407,000 charge; there are unpaid reimbursement costs associated with the Joint Powers Authority (JPA) for maintenance of the Alameda Point water system between August 2006 and June 2009. The Public Works Director stated a year ago, EBMUD advised the City that ARRA had not been paying for water; a bypass valve had been opened which allowed grater .to go to Alameda Point without being metered; the City is on a payment plan for 18 months; 2008 and 2009 water expenditures were significantly less; the JPA realized that .some bills were not paid while negotiating JPA renewal; EBMUD could not verify whether the charges were billed; the City is on an 18-month payment plan for said charges also. Councilmember /Board Member /Commissioner Tam inquired whether combined charges Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission February 15, 2001 total $407,000. The Public Works Director responded $282,000 is for water, and $128,000 for is for J PA; stated the 18-month payment plan includes payments next year. Vice Mayor /Board Member /Commissioner Bonta stated burning through the $2.1 million transfer tax in a short period of time is difficult; alternatives should be explored for the discretionary items; putting some of the money aside would be nice. Councilmember /Board Member /Commissioner deHaan stated every good budget has contingencies; inquired why some items could not be taken care of with contingencies. The Controller responded the City Manager contingency amount for Fiscal Year 2010- 201 1 is approximately $200,000; stated half has been used this year. The Acting City Manager /Executive Director stated the contingency would. be used for the City Manager recruitment and employee training; some con tingencies exist because departments have been good at saving money; a lot of departments will .come in under budget. Councilmember /Board Member /Commissioner deHaan inquired how things would have been paid without the money from the Alameda Towne Centre sale, to which the Controller responded the General Fund reserve would have had to have been drawn down. Councilmember /Board Member /Commissioner deHaan stated the established threshold mould be broken; inquired whether there would be enough revenue generation next year. The Acting City Manager /Executive Director responded revenues will not have a spectacular growth; stated the real problem will be on the expenditure side; there will be a $1.3 million hit for PERS, payments for miscellaneous employees and health care costs will go up. Councilmember Tam moved approval of accepting the Quarterly Financial Report. Councilmember Johnson seconded the motion. The Controller inquired whether the motion includes approval of the budget adjustments. Councilmembers Tarn and Johnson agreed to amend the motion to include budget adjustments. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 12 Community Improvement Commission February 15, 2001 On the call for the question, the motion carried by unanimous voice vote 5. ADJOURNMENT There being no further business, Mayor /Chair Gilmore adjourned the meeting at 12:25 a. m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, CI C The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and 13 Community Improvement Commission February 15, 2001 UNAPPROVED SPECIAL JOINT CITY COUNCIL COMMUNITY IMPROVEMENT COMMISSION (ClqLAND HOUSING AUTHORITY BOARD OF COMMISSIONERS (HABOC) MEETING TUESDAY- -MARCH 1 2011- -6:00 P.M. Mayor Gilmore convened the meeting at 5:00 p.m. Roll Calf Present: CouncilmemberslCommissioners Bonta, deHaan, Johnson, Tarn and Mayor/Chair Gilmore 5. Absent: Commissioner Allen The meeting was adjournment to Closed Session to consider: (11- CC /11- CIC /HABOC) Conference with Real Property Negotiators; Property: 2428 Central Avenue (Islander Motel); Negotiating parties: Housing Authority and Stahl- Wooldridge Construction; Under negotiation: Price and terms 11-- CC Conference with Legal Counsel Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Section 54955.9; dumber of cases: one Following the closed session, the meeting was reconvened and Mayor/Chair Gilmore announced that regarding Real Pro ert the legislative bodies gave direction to staff; and regarding Anticipated L Council provided direction to the attorneys. Adjournment There being no further business, Mayor/Chair Gilmore adjourned the meeting at 7 :40 p.m. Respectfully submitted, Lara Weisiger City Clerk Secretary, C I C The agenda for this meeting was posted in accordance with the Brown Act, Special Joint Meeting Alameda City Council, Community Improvement Commission and Housing Authority Board of Commissioners March 1, 2011 UNAPPROVED MINUTES OF THE SPECIAL JOINT COMMUNITY IMPROVEMENT COMMISSION (CIQ HOUSING AUTHORITY BOARD OF COMMISSIONERS (HABOC) MEETING WEDNESDAY- -MARCH _2, 2011-76.-.59 P.M. Chair Gilmore convened the meetin at 8:07 p.m. Commissioner Johnson led the Pled of Alle ROLL CALL Present: Commissioners Allen, Bonta, deHaan, Johnson, Tam, and Chair Gilmore 6. AGENDA ITEM Absent: None. (11- CIC) Recommendation to Approve an Owner Participation A (OPA) and Authorize the Actin Executive Director to Execute an OPA and Other Related Documents with Resources for Communit Development and the Housin Authorit (HABOC) Recommendation to Approve an OPA and Authorize the Actin Chief Executive Officer to Execute an OPA and Other Related Documents with Resources for Communit Development and the Communit Improvement Commission; and (11- A CIC) Resolution No. 11-179, "Authorizin the Issuance of Tax Allocation Housin Bonds to Provide Financial Assistance to the Housin Authorit of the Cit of Alameda and as Otherwise Re for the Ac and Rehabilitation of a Rental Housin Facilit Commonl Known as 2428 Central Avenue to be Occupied b Ver Low-Income Households." Adopted. The Housin Department Executive Director g ave a brief presentation. Speaker: Robb Ratto, Park Street Business Association. Commissioner Tam stated redevelopment a are comin under scrutin now; the interchan of tax increment fundin g enerated b redevelopment areas has become an issue; tax allocation bonds are bein repaid from tax increment g enerated from the Business and Waterfront Improvement Project (BWIP) and West End Communit Improvement Pro WECIP q uestioned whether usin WECIP funds to pa for somethin outside of the redevelopment area would be an issue. The Housin Department Development Mana responded BWIP and WECIP are mer project areas; stated the funds can be spent for either project area; Council and the CIC made findin that WECIP affordable housin funds can be spent outside of the WECIP pro area; resolutions re the matter have been adopted. Commissioner Tam stated that she understands that the redevelopment areas have mer and that the g overnin g bodies have stipulated that housin monies can be put Special Joint Meetin Communit Improvement Commission and Housin Authorit Board of Commissioners March 2, 2011 into one pot and used anywhere on the Island; she is questioning whether the State would view the issue in the same manner; inquired whether the resolutions would be a problem. Paul Thimmig, Bond Counsel, responded the State would have to respect findings made before January I stated the State wants the dollars and does not care where money is spent; tonight's actions would not run afoul of the complaints in Sacramento. Commissioner Tarn stated that she recalls the Controller stating that the districts need review because other cities interchangeable uses have been perceived as abusive. The Acting Legal Counsel stated the motion should be done in two steps; the first step would be approval for the CIC and HABOC to authorize execution of the OPA; the second step would be to adopt the CIC resolution. Commissioner Johnson moved approval of the CIC and HABOC authorizing execution of the OPA. Commissioner Bonta seconded the motion. Under discussion, Commissioner Johnson stated the project would renovate 62 units of affordable housing for low and very low income people and would create 35 jobs per million dollars. The Acting Legal Counsel stated Section 7.6 should read "If this Agreement is terminated pursuant to Section 7.2 or 7.3," not Section 7.4. On the call for the question, the motion carried by unanimous voice vote 6. Commissioner Johnson moved adoption of the CIC resolution. Commissioner Bonta seconded the motion, which carried by unanimous voice vote 5. ADJOURNMENT There being no further business, Chair Gilmore adjourned the meeting at 8:22 p.m. Respectfully submitted, Lara Weisiger Secretary, CIC The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Fleeting Community Improvement Commission and Housing Authority Board of Commissioners 2 March 2, 2011 MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION CIC MEETING TUESDAY- -MARCH 2011- -0:00 P.M. Mayor /Chair Gilmore convened the meeting at 5:02 p.m. Council member/Commissioner Tam led the Pledge of Allegiance. ROLL CALL Present: Councilmembers /Commissioners Bonta, deHaan, Tara and Mayor /Chair Gilmore 4. Absent: Councilmember /Commissioner Johnson 1. AGENDA ITEM (11- CC /11- CIC) Recommendation to Approve an Assignment and Assumption Agreement Between the City of Alameda and the Community Improvement Commission of the City of Alameda for the Historic Theater Lease; (11- ACC /11- A CIC) Recommendation to Approve an Assignment and Assumption Agreement Between the City of Alameda and the Community Improvement Commission of the City of Alameda for the Ground Lease of Cineplex Parcel; 11- BCC/11- B CIC) Recommendation to Approve an Assignment and Assumption Agreement Between the City of Alameda and the Community Improvement Commission of the City of Alameda for the Historic Theater Retail Leases; (11- C CC /11- C CIC) Recommendation to Approve and Authorize Conveyance of Civic Center Parking Structure by the Community Improvement Commission of the City of Alameda to the City of Alameda; (11- D CIC) Resolution No. 11 -180, "Approving and Authorizing the Transfer of Certain Real Property and Assignment of Certain Leases to the City of Alameda in Connection with the Alameda Theater Project." Adopted; and (11- D CC) Resolution No. 14554, "Approving and Authorizing Acceptance of Conveyance of Certain Real Property and Assignment of Certain Leases from the Community Improvement Commission the City of Alameda in Connection with the Alameda Theater Project." Adopted. The Deputy City Manager and Acting City Attorney gave a brief presentation. Mayor /Chair Gilmore stated local oversight does not mean Alameda citizens but could be citizens from Alameda County or the Bay Area; the bottom line is that the City and residents would most likely not have control over disposal of the asset. Councilmember /Commissioner Tara moved approval of the staff recommendation. Special Joint Meeting Alameda City Council and Community Improvement Commission March 8, 2011 Vice Mayor /Commissioner Bonta seconded the motion. Under discussion, Mayor /Chair Gilmore thanked Assembly Member Sandre Swanson for opposing the State's attempt regarding illegal seizure of redevelopment funds; stated the reason cities and the California Redevelopment Association are fighting the issue so hard is because redevelopment generates approximately 300,000 jobs Statewide, supports economic growth, affordable housing, and local community clean up! redevelopment is an important tool used to improve quality of life; commended Assembly Member Swanson for supporting the 61 of voters who approved Proposition 22 in November 2010; Assembly Member Swanson supports the will of the voters in Alameda; today, the League of California Cities is in the middle of a Statewide push to ensure all legislators support the will of the people and emulate Assembly Member Swanson; encouraged the citizens of Alameda to support the League of California Cities petition and visit www.myvotecounts.org and register support for local funding; the issue is particularly important for Alameda. On the call for the question, the motion carried by unanimous voice vote 4. [Absent: Councilmember /Commissioner Johnson -1] ADJOURNMENT There being no further business, Mayor /Chair Gilmore adjourned the meeting at 6:09 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, CIC The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission March 8, 2011 CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council Honorable Chair and Members of the Alameda Reuse and Redevelopment Authorit From: Lisa Goldman Actin Cit Mana Executive Director Date: March 15, 201 Re: Adopt a Resolution Authorizin the Actin Cit Mana and the Actin Executive Director to Execute the Joint Exercise of Powers A to Inspect, Operate, and Maintain the Alameda Point �WS ater in Preparation for Transfer of Potable Water Infrastructure with East Ba Municipal Utilit D istrict In 1997, the Cit entered into a Joint Exercise of Powers A (JPA) with East Ba Municipal Utilit District (EBMUD) for the operation and maintenance of the water distribution facilities at Alameda Point. This a has been amended several times, most recentl in 201 and is d ue to expire March 31, 201 The revised J PA adds the Alameda Reuse and Redevelopment Authorit (ARRA) as a si DISCUSSION The Cit of Alameda does not have in-house expertise to operate and .maintain the water distribution facilities at Alameda Point. Since 1997, EBMUD.has perf thi work on behalf of the ARRA throu a JPA. The ARRA compensates EBMUD.for all associa costs, but re that EBMUD obtain prior appro v al. for. an routine operations maintenance, or emer work that exceeds a specified capped. dollar amount. As proposed, the capped dollar amounts for routine opera.tion.s/mainten.a.nce work .arid, emer work are set at the. same. amount as the prior amend men.t,. $7,00 .0. per month and $30,000 per incident, respectivel for the first y ear of the J PA. The. cap will increase c ease annuall b the Bureau of Labor Statistics Consumer Price ln.dexfor. Urban Wa Earners and Clerical Workers monthl (CPI-W for the San Francisco/Oaklan.d/ Jose. re b five percent, whichever is g reater. If approved, the JPA will enable EBMUD to continue to operate an ma i nta i n the Al ameda Po i nt wate r d istri b utio n faci forARRA unti M 311 2016. A cop of the JPA is on file with the Cit Clerk's office. CCIARRA/CIC A Item #2-13 Honorable Ma and Members of the Cit Council March 15, 2011 Honorable Chair and Members of the ARRA Pa 2 of 2 The proposed JPA re the Cit to maintain specified t of insurance and provide an indemnit similar to the re of the prior JPA. The level of g eneral insurance has increased, and the ARRA/Cit will be namin EBMUD as .an additional insured on the pollution le liabilit polic The Cit is obli under. the proposed J PA to timel share i nfo rm ati o n on environmental remed i atio n and developme plans for Alameda Point, and provide notification to tenants that the are not direct customers of EBIVIUD. The Cit must also ensure that new water services are installed in accordance with EBMUD standards. FINANCIAL IMPACT The Cit will compensate EBB UD for its actual costs to perform operations and maintenance activit and related services. This work is funded b Alameda Point Lease Revenues. There is no impact to the General Fund as a result of this action. RECOMMENDATION Adopt a resolution authorizin the Actin Cit Mana and the Actin Executive Director to execute the JPA to inspect, operate, and maintain the Alameda Point water s in preparation for transfer of potable water infrastructure with EBMUD. Approved as to funds and account, Fred Marsh Controller MTN: Exhibit: 1. Joint Exercise of Powers A (on file in the Cit Clerk's office cc: Leann Gustafson, Maintenance Superintendent, EBIVIUD CITY OF ALAMEDA RESOLUTION NO. ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY RESOLUTION NO. AUTHORIZING THE ACTING CITY MANAGER AND THE ACTING EXECUTIVE DIRECTOR TO EXECUTE THE JOINT EXERCISE OF POWERS AGREEMENT TO INSPECT, OPERATE, AND MAINTAIN r THE ALAMEDA POINT WATER SYSTEM IN PREPARATION FOR TRANSFER OF POTABLE WATER INFRASTRUCTURE VIllTI --I EAST BAY MUNICIPAL UTILITY DISTRICT WHEREAS, on May 2, 1997, the City of Alameda entered into a Joint Exercise of Powers Agreement (JPA) with the East Bay Municipal Utility District (District) for the operation and maintenance of the water distribution facilities at Alameda Point; and WHEREAS, the Alameda Point water distribution facilities had not previously been operated or maintained prior to May 2, 1997, by the district nor had they been constructed to the standards used by the District for its water system; and WHEREAS, the Alameda Point facilities will continue to be the property of the United States Department of the Navy (Navy) and /or the City for the terns of the JPA, and any amendments thereto; and WHEREAS, on or about September 20, 2010, the City and the District executed a Fifth Amended JPA and it is the desire and intention of the parties to enter into the new agreement among the Alameda Reuse and Redevelopment Authority (ARRA), the City, and the District with respect to the services to be provided by the District, and WHEREAS, the District, the City /ARRA are entering into this JPA to provide interim operations and maintenance services prior to transfer of the potable water infrastructure to the District; and WHEREAS, the District, the City /ARRA mutually desire to maintain and upgrade the existing infrastructure to District standards and specifications in anticipation of the transfer of the infrastructure, and NO\IV, THEFORE, BE IT RESOLVED that the City Council of the City of Alameda and ARRA Board authorize the Acting City Manager and the Acting Executive Director to execute the JPA to inspect, operate, and maintain the Alameda Point water system in preparation for transfer of potable water infrastructure with the District. Resolution #2 -13 Joint CC ARRA CIC fleeting 03 -15 -11 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda and the Alameda Reuse and Redevelopment Authority in joint meeting assembled on the 15th day of March, 2011, by the following vote to wit: AYES NOES ABSENT: ABSTENTION IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 16th day of March, 2011. Lara Weisiger, city clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable chair and Members of the Alameda Reuse and Redevelopment Authority Honorable Mayor and Members of the City council From: Donna Mooney Acting city Attorney /Acting General Counsel Date: March 15, 2011 Re: Authorize the Acting Executive Director. and .Acting City Manager to Bind Pollution Legal Liability Insurance. Coverage .for Alameda Point With XL Environmental for a cost of $720,112. �e7ZT61I1�1E� In 2001, the Alameda Reuse and Redevelopment Authority (ARRA) purchased a Pollution Legal Liability (PLL) insurance policy from. the insurance carrier XL Environmental to address personal injury, property damage,. re red.iatio.n costs. and defense costs arising from pollution conditions .at.tne forme Naval Station Alameda, commonly referred to as Alameda Faint. The 1 0-year policy, which cost $681 ,014 in 2001, is set to expire on March 21, 2011. The coverage limits and self insured retention are different in the expiring policy than are. available.. today, so. a comparison is not straightforward. DISCUSSION It is important that the ARRA maintain PLL coverage. to facilitate redevelopment of Alameda Point. In the past 10 years, the Navy has made considerable progress in remediating areas of the Alameda Point property to standards required for the anticipated future use of the property. The. Navy continues .to clean the property as its yearly budget ai ows and as required by the environmental regulatory agencies. The benefits of PLL insurance include protection of ARRA from catastrophic liability arising from preexisting (Navy created) conditions at the property as well as. new. conditions that arise during the term of coverage. In addition, the coverage contemplated could facilitate development of the property by demonstrating that an independent, financially responsible party has evaluated Alameda Point and underwritten its environmental risks. Even though the Navy is responsible far cleaning up the property and is legally obligated to indemnify future property owners for claims arising from the.contamination, the PLL policy helps ensure prompt cleanup. F .fin, A A g en da r 0 3-15- 11 1 1 Honorable chair and Members of the March 15, 2011 Alameda Reuse and Redevelopment Authority Page 2 of 3 Mayor and Members of the city Council Staff recently engaged in a competitive process to award a contract for anew 1O.year environmental insurance policy. Two insurance carriers, XL.Enviro.nmental and Chubb Insurance company (Chubb), submitted proposals. The bid from XL Environmental had a cost of $720,112 and from Chubb a cost of $372,806. The bids include state fees. Although the Chubb proposed policy is less expensive, there are significant differences between what the two. carriers are willing to insure, rendering the Chubb policy..Iess protective of ARRA. Chubb will not cover. bodily injury and property damage liability arising from asbestos and lead -based paint, which present a. great liability risk to ARRA. Chubb will not provide coverage of Term 1 for conditions existing before 2001. Additionally, Chubb will not allow the ARRA to finance the. insurance premium, while the JCL Environmental policy offers interest -free. financing of .50 percent of the premium for one year. Chubb also provides no coverage for mold. Exhibit 1 provides a detailed comparison between .the existing XL Environmental, proposed.. XL Environmental, and proposed Chubb policies. Staff recommends that the ARRA governing board and City Council. award a contract to XL Environmental. The more extensive coverage justifies:.th.e:higher cost. Exposure.to asbestos and Lead -based paint is one of the highest..risks associated with the development of the. former base. The proposed policy also makes clear that ARRA has coverage for mold. And..for.the first tine, tie. City will have coverage of Terre .1 for conditions existing before X001. The cost for. the XL Environmental coverage is $1.75 million dollars less than was budgeted forthe.policy in the ARRA budget. Coverage provided in the x will include remediation of known and unknown environmental contamination, bodily injury and: property. damage arising from pollution conditions and defense costs. The recommended insurance policy is fdr a terra of 10 years with. limits of. $25..nil.lion .per o.ccurrence..and $60 million. in .the aggregate, Subject to .a $250,000. self- insured .retention. Staff believes .these limits are adequate in light of the continuing progress. the. Navy has grade in cleaning the contaminated ..sites and the City.s experience with the clean -up of two previously unknown contaminated sites. on the East. Housing and Fleet Industrial. Supply Center properties. The remediation at these sites, where contamination was.found that had not been previously known or was. underestimated,. totaled $4.5 mil.lio.n and $1.5 million, both of which were covered by insurance. Not ail environmental risks are addressed in the XL policy. Remediation (to be distinguished from property damage and bodily injury claims) for asbestos containing materials and lead- based paint are excluded by both. insurance. carriers. Asbestos- containing materials and lead -based paint in buildings .receive routine maintenance to prevent deterioration.. such remediation (maintenance) is readily. budgeted rand poorly suited to insurance. These contaminants are viewed in the insurance industry as known and identifiable pre.- existing conditions for which coverage is routinely excluded. However, if prior construction, renovation, or. demolition. activities had. caused unknown asbestos or lead contam.inatio.n of soil, them the XL Environmental PLL policy. would respond to clean it up. similarly, underground storage tank removal and remediation is Honorable chair and Members of the March 15, 2411 Alameda Reuse and Redevelopment Authority Page 3 of 3 Mayor and Members of the City council excluded due to the widespread experience elsewhere of discovering tanks. The exclusions also list an early transfer restriction. XL will review any proposed early transfer situation and may exclude a known condition that the transferee plans to clean up. The marsh crust, a well characterized contaminant at Alameda Point, is excluded. The city's Marsh crust ordinance provides detailed measures to betaken when digging or other construction activities may lead to an encounter with it. Vidlat ons .of land -use controls are also excluded. For example, housing that is inadvertently located where residential land use is restricted, would not be covered by the policy. FINANCIAL IMPACT The funds for this insurance policy are budgeted in the ARRA .account. Two payments would be made: $371,339.50 due on March 21, 2011 and $348,722..50.due on March 21, 2012. RECOMMENDATION Authorize the Acting Executive Director and Acting City Manager to Bind Pollution Legal Liability Insurance coverage for Alameda Point with XL Environmental for a Cost of $720,112. Respectfully submitted, Approved as to funds and account, Fred Marsh Controller Exhibit: Pollution Legal Liability Renewal overview Of Premium Quotes �C:y��A Omni W cz ca cc e� u e.m.. op rZ ct u CIZ a) ct 03 ct u t)h 4-4 u v ct 03 cli >1 >1 cc ct v ct3 "C 0 kr wM ct .z cz M. C ct� cz cr -C� ct 7� C.) -t:) ;z ct ct ----i cz :V-4 kn kr) C�q Eols rus �A C3 ct CZ3 m bl) t�o to cz to tu) U u cz cz C3 0 0 0 Lr) kr) 7:3 U cz Gl� Eol� o kr) 1-4 U-4 6-4 LZ CIS tt In. r. 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