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2011-07-05 Packet
CITY OF ALAMEDA •CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY JULY5,2011 6:OOP.M. Location City Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street A enda: 1. Roll Call City Council 2. Public Comment on Agenda Items Only Anyone wishing to address the Council on agenda items only, may speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3 -A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (54956.8) Property: Alameda Marina, 1815 Clement Avenue Agency negotiator Nanette Mocanu Negotiating parties Pacific Shops, Inc., dba Alameda Marina and City of Alameda Under negotiation Price and terms 3 -B. CONFERENCE WITH LABOR NEGOTIATORS (54957.6) Agency negotiators Human Resources Director Employee organizations All bargaining units 4. Announcement of Action Taken in Closed Session, if any 5. Adjournment City Council Marie L. Gilmore, Mayor 9 Vie.. �;r CITY OF ALAMEDA CALIFORNIA rr. J SPECIAL JOINT MEETING OF THE CITY COUNCIL COMMUNITY IMPROVEMENT COMMISSION (CIC), AND HOUSING AUTHORITY BOARD OF COMMISSIONERS (HABOC) TUESDAY -JULY 5, 2011 6:59 P.M. Location City Council Chambers, City Hall, corner of Santa Clara Ave and oak street Public Participation Anyone wishing to address the Council /Commission /Board on agenda items or business introduced by the Council /Commission /Board may speak for a maximum of 3 minutes per agenda item when the subject is before the Council /Commission /Board. Please file a speaker's slip with the Assistant City Clerk if you wish to speak. PLEDGE OF ALLEGIANCE 1 ROLL CALL City Council, CIC, HABOC 2. ORAL COMMUNICATIONS, NON AGENDA (Public Comment) Speakers may address the Council/Commission/Board in regard to any matter over which the Council /Commission/Board has jurisdiction or of which it may take cognizance that is not on the agenda 3. 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 /Commission /Board or a member of the public 3 -A. Minutes of the Regular Board of Commissioners Meeting held on April 5, 2011. Acceptance is Recommended. [HABOC] (Housing Department); and Minutes of the Annual CIC Meeting held on June 21, 2011. [CIC] (City Clerk) 3 13. Recommendation to Approve an Amendment to a $150,000 Ten Year Agreement with Resources for Community Development, the Community Improvement Commission, and the Housing Authority to Implement the Housing Authority's obligations Pursuant to the Declaration of Reciprocal Easements, Covenants, and Restrictions for the Breakers at Bayport Townhomes, Modifying the Consultant Compensation schedule, and Assigning the Community Improvement Commission's obligation to Pay Pursuant to the Agreement to the City of Alameda and to have the City Council Accept the obligation to Pay. [City Council, CIC, HABOC] (Housing Department) 3 -C. Recommendation to Approve a First Amendment to the Owner Participation Agreement for 2428 Central Avenue, Redirecting the Community Improvement Commission Housing Bond Proceeds to Resources for Community Development for Acquisition of the Property at 2428 Central Avenue, and Amending the Form of the Promissory Note to increase the Principal Amount from $1 Million to $9 Million, and Authorize the Executive Director /Chief Executive officer to Execute All Required Documents. [CIC, HABOC]; and Recommendation to Approve a Form of a Partnership Agreement Between the Housing Authority, RCD Housing, LLC, and 112 Alves Lane, Inc. and Authorize the Chief Executive Officer to Execute the initial Partnership Agreement and the Amended Agreement to Include Additional Limited Partners. [HABOC] (Housing Department) 3 -D. Adoption of Resolution Amending the Housing Authority Budget to Increase the Fiscal Year 2012 CIP GF3 Budget by $93,600 to $613,141 for the Expansion of the Housing Authority Office Building and Additional Architectural Services (Budget Revision No. 4); Amending and Increasing the Architectural Contract by $32,800 to $65,800, Including Contingencies; Awarding the Contract to N.S. Construction and Paining in the Amount of $580,800, Including Contingencies; and Authorizing the Executive Director to Execute the Contract and Amendment. [HABOC] (Housing Department) 4. AGENDA ITEM 4 -A. Recommendation to Approve the Housing Commission's Recommendation to Name the Proposed Affordable Housing Project at 2216 Lincoln Avenue Jack Capon Villa. [HABOC] (Housing Department) 5. ADJOURNMENT City Council, CIC, HABOC Marie L. Gilmore, Mayor Chair, CIC and HABOC �v. tip�f •1, rr:a �i ;�rn 7 IN 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__ -JULYS 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 Councilrnembers 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 MEETING OF THE CITY COUNCIL allww" COUNCIL CHAMBERS CONFERENCE Rood[ S eparate Agenda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL, COMMUNITY 6:59 P.M. IMPROVEMENT COMMISSION, AND HOUSING AUTHORITY BOARD OF COMMISSIONERS, CITY COUNCIL CHAMBERS Separate Agenda 1 ROLL CALL city Council 2. AGENDA CHANGES 3. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 3 -A. Proclamation Recognizing Deputy Fire Chief Mike Fisher Upon His Retirement. 3 -B. Proclamation declaring July 5th as Alameda South Shore center Day. 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 and Regular City Council Meetings and Special City Council Meeting held on June 21, 2011. (City Clerk) 5 -B. Bills for Ratification. (Finance) 5 -C. Recommendation to Approve an Agreement with Holland +Knight in the Amount of $144,000 for Federal Legislative Advocacy Services. (City Manager) 5 -D. Recommendation to Appropriate $21,484 in Transportation System Management /Transportation Demand Management Fund (Fund 225) and Award a Contract in the amount of $204,611, Including Contingencies, to transMetro, Inc. for the Estuary Crossing Shuttle Service. (Public Works) 5 -E. Recommendation to Accept the Work of W. R. Forde Associates for the cyclic Sewer Replacement Project, Phase 8, No. P.W. 01- 10 -03. (Public works) 5 -F. Recommendation to Approve a Consultant Agreement with Pacific Waste Services, Inc. for Professional Services to Operate and Maintain the Alameda Doolittle landfill. (Public Works) 5 -G. Recommendation to Approve a consultant Agreement with AMEC for Professional Services to complete Semi- Annual Field Monitoring, Sampling, and Reporting for the Alameda Doolittle Landfill. (Public works) 5 -H. Adoption of Resolution Authorizing the City Manager to Submit Two Grant Applications to Caltrans for the Cycle 3 Federal Safe Routes to School Program and Execute All Necessary Documents. (Public Works) 5 -I. Adoption of Resolution Approving an Agreement with the California State Coastal Conservancy for Funding to Implement Spartina Eradication and Mitigation Measures and Authorize the City Manager to Execute All Required Documents. (Public Works) 5 -J. Adoption of Resolution Approving a Revised Executive Management Compensation Plan for the Period Commencing June 21, 2009 and Ending June 16, 2012. (Human Resources) 5 -K. Adoption of Resolution Delegating Authority to the City Manager to Act on Behalf of the City Council for Employee Benefit. Matters Relating to the California State Association of Counties Excess Insurance Authority. (Human Resources) 5 -L. Adoption of Resolution Authorizing an Open Market Purchase Pursuant to Section 3 -15 of the Alameda City Charter for the Purchase of Three Parking Enforcement Vehicles. (Police) [Requires four affirmative votes] 5 -M. Adoption of Resolution Authorizing the City Manager to Close City Hall and Other City Administrative Offices on Fridays. (City Manager) 5 -N. Introduction of Ordinance Amending Sections 2 -1.1 and 2 -1.5 of Article I (The City Council and Meetings of the City Council) of Chapter II (Administration) to Modify the Meeting Time and Deadline for Submission of Matters. (City Manager/ City Clerk) 6. REGULAR AGENDA ITEMS 6 -A. Adoption of Resolutions Reappointing Peter Horikoshi and Linda McHugh as Members of the Civil Service Board; Susan T. Deutsch, Steve R. Fort, Kelly Harp, Leslie A. Krongold, and Audrey Lord Hausman as Members of the Commission on Disability Issues; Cullen L. Jones as a Member of the Housing Commission; Michael E. Hartigan and Gail Wetzork as Members of the Library Board; Authur Autorino and Marilyn Ezzy Ashcraft as Members of the Planning Board; Gregory L. Hamm as a Member of the PUB; Lola Brown and Gina Mariani as Members of the Recreation and Park Commission; Cathy Nielsen and Henry Villareal as Members of the SSHRB; and Jeanette Mei as a Member of the Youth Advisory Commission. 6 -B. Public Hearing to Consider Adoption of Resolution Approving Tentative Parcel Map 10006 (File No. PLN 11 -0077) at 2601 to 2901 Harbor Bay Parkway. (Community Development) [Continued from June 21, 2011] 7. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 7 -A. operational Update on the Fire Department's Water Rescue, Commercial Inspection, and Senior Safety Programs 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 9. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 10. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 1 9 -A. Consideration of Mayor's Appointment to the Rent Review Advisory Committee. 11. ADJOURNMENT City Council Materials related to an item on the agenda are available for public inspection in the City Clerk's office, City bail, Room 380, during normal bus.ine.ss hours. Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522 --7538 at least 72 hours prior to the Meeting to request an interpreter Equipment for the hearing impaired is available for public use. For assistance, Please contact the City Clerk at 747 -4800 or TDD number 522 --7538 either prior to, or at, the Council Meeting a Accessible seating for persons with disabilities, including those using wheelchairs, is available 0 Minutes of the meeting available in enlarged print 0 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 that may be necessary to participate in and enjoy the benefits of the meeting Firs VUZNL11L6 Authority of the Citv of Alameda 701 Atlantic Avenue Alameda, California 94501 -2161 TEL: (510) 747 -4300 FAX: (510) 522 -7848 TDD: (510) 522 -8467 MINUTES REGULAR MEETING OF THE BOARD OF COMMISSIONERS OF THE DOUSING AUTHORITY OF THE CITY OF ALAMEDA MELD TUESDAY, APRIL 5, 2011 The Board of Commissioners was called to order at 8:36 p.m. PLEDGE OF ALLEGIANCE 1. ROLL CALL Present: Commissioners Allen, Bonta, deDaan, Johnson, Tam and Chair Gilmore Absent: None 2. CONSENT CALENDAR Commissioner Gilmore pulled item 2 -D contingent upon leasing versus purchasing and moved acceptance of the Consent Calendar items except for item 2 -D. Commissioner Tam seconded. Motion carried unanimously. Items accepted or adopted are indicated by an asterisk. *2 -A. Minutes of the special Board of Commissioners meeting held February 15, 2011. Minutes were accepted, *2 -B. Awarded the Contract to Renovate Kitchens and Bathrooms at 10 Units at Esperanza to Bay Cities Construction in the Amount of $122,544, Including Contingencies, and Authorized the Executive Director to Execute the Contract. *2 -C. Awarded the Contract to Replace Trash Enclosures at Parrot Village and Eagle Village to Empire Engineering and Construction in the Amount of $178,200 Including Contingencies, and Authorized the Executive Director to Execute the Contract. 2 -D. Adopt the Resolution to Approve Dousing Authority Budget Revision No, 3 for Fiscal Year 2012 including the Proposed Position Changes, Extraordinary Maintenance and Capital Improvement Projects. Chair Gilmore pulled this item contingent upon researching the financial feasibility of leasing Versus purchasing replacement computers, monitors, printers, etc. Ms. Gilmore requested researching the option that is financially beneficial since technology becomes quickly obsolete. Mr. Michael Pucci, Executive Director, said this can be done. Commissioner Tara moved acceptance. Commissioner Bonta seconded. Motion carried unanimously. Cccc/ABoc 3. AGENDA Agenda Item #3-A 07 -05 -11 Minutes of the Board of Commissioners Regular Meeting April 5, 2011 Page 2 3 -A. Authorize the Acting Chief Executive officer to Execute a Letter of Intent with Dr. Bill Longwell for Acquisition of the Property at 1435 Webster Street and Development of a Mixed-Use Project, Including 15 Units of Housing Affordable to Low Income Seniors. Mr. Pucci introduced staff member Debbie Potter to give the presentation. lolls. Potter, Housing Development Programs manager stated that Dr. Longwell was in attendance and available for any questions. Ms. Potter gave a brief presentation. A Commissioner asked for the income limits for affordable housing. Nis. Potter responded residents could not make more that 50 percent of the area median. Mr. Pucci explained the income limit would be less than $20,000 and said most seniors have an income of less than $13,000. A _Commissioner asked if these would be apartments. Ills. Potter responded yes, for families, seven or eight units per floor. Speaker Judy Freedman, Director of operations for the vilest End Business Association, expressed the organizations pleasure in seeing the project move forward. They are concerned with Webster Street's development and continued viability and vitality. They consider this project, with the mixed use of housing and retail space, a real addition and a catalyst for more development on Webster Street. Ms. Freedman said the association is supportive of this project and she thanked the Board. A Commissioner asked about the parking requirements. Ms. Potter said currently 15 spaces are for the residents and two are for the commercial businesses. This is not consistent with parking standards and work will need to be done, arkin .gill have to p g be addressed. The Planning Board will have to approve the project and the parking. Entitlements will be sought out that allow the Housing Authority to do something different than the zoning codes require for parking. Community input will also be a part of the process. other concerns were addressed. A Commissioner asked if this is a Density Bonus project. Ms. Potter said because the Housing Authority would own the residential portion it would be done pursuant to the Guyton Settlement Agreement. This is how the multi- family would be done. The Commissioner asked if some of the units could be done through the Density Bonus. Mr. Potter responded a combination of both might be a way to approach it. The Commissioner expressed her concern about long term parking solutions for Webster Street. Commissioner Bonta asked if there was a conflict with the commercial retail space. Ms. Potter said there should be no more that two businesses and store fronts. There has been some discussion about a bank branch in one of them, with some combination of service and retail on the ground floor. Commissioner Johnson asked about a purchase price and if this motion is for authority to purchase the property. Mr. Potter said staff will return with an option agreement. The request today is for endorsement of the concept of pursuing this mixed -use project and entering into the letter of intent with Dr. Longwell. on that basis the Housing Authority and Dr. Longwell will work on an option agreement to bring back Minutes of the Board of Commissioners Regular Meeting April 5, 2011 Page 3 to the Board for approval. The property will be appraised before a purchase price is agreed upon. Commissioner Johnson asked about funding. Ms. Potter said it will probably include affordable housing resources, and tax cred -it funding, and Dr. Longwell to pursue a private loan and make an equity contribution to the commercial portion of the project. The dousing Authority is pledging Project Based Section 8 vouchers. Commissioner Johnson said this is a good spot for senior housing since it is near many services. Commissioner Bonta moved acceptance. Commissioner Johnson seconded. Motion carried unanimously. 4. ORAL COMMUNICATIONS 5. COMMISSIONER COMMUNICATIONS 6. ADJOURNMENT There being no further business, Chair Gilmore adjourned the meeting t 8:53 g .m. p Attest: Marie L. Gilmore, chair Michael T. Pucci Executive Director 1 Secretary UNAPPROVED MINUTES OF THE ANNUAL COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- -JUNE 215 2011- -6:59 P.M. Chair Gilmore convened the meetin at 7:04 p.m. Commissioner Johnson led the Pled of Alle ROLL CALL Present: Commissioners Bonta, deHaan, Johnson, Tam and Chair Gilmore —5. Absent: None. IAA IKII ITPq (11-028) Minutes of the Special Joint Cit Council, Alameda Reuse and Redevelopment Authorit and Communit Improvement Commission Meetin held on Ma 31, 2011. Approved Commissioner Tam moved approval of the minutes. Commissioner Bonta seconded the motion, which carried b unanimous voice vote 5. AGENDA ITEMS None. ORAL COMMUNICATIONS, NON-AGENDA None. ADJOURNMENT There bein no further business, Chair Gilmore adjourned the meetin at 7:05 p.m. Respectfull submitted, Lara Weisi Secretar The a for this meetin was posted in accordance with the Brown Act. Annual Meetin Communit Improvement Commission June 21, 201 1 0'3*11TY OF A.. f A Memorandum To: Honorable Mayor and Members of the City Council Honorable chair and Members of the community Improvement Commission Honorable chair and Members of the Housing Authority Board of Commissioners From: John A. Russo City Manager /Executive Director /Chief Executive officer Date: July 5, 2011 Re: Approve an Amendment to a $1 50,000, Ten -Year Agreement with Resources for Community Development, the Community Improvement Commis sion (CIC) and the Housing Authority to Implement the Housing Authority's Obligations Pursuant to the Declaration of Reciprocal Easements, Covenants and Restrictions for the Breakers at Bayport Townhomes Modifying the Consultant Compensation schedule Assign the CI C's obligation to Pay Pursuant to the Agreement to the city of Alameda and city C Accept the obligation to Pay BACKGROUND In 2002, the Housing Authority selected Resources for Community Development (RCD), a non profit housing developer, as its partner to build .and operate the 52 -unit Breakers at Bayport Apartments and to construct and sell the ten -unit Breakers at Bayport Townhomes. Both projects were completed in 2000, and the Breakers at Bayport Townhomes were sold to moderate- income families in 2007. As part of the development of the Breakers at Bayport Townhomes and Apartments a Declaration of Reciprocal Easements, covenants and Restrictions (Declaration) was prepared .in 2004. The Declaration was necessary because the townhorres and apartment project have shared uses and maintenance of certain elements that required the establishment of easements, assessments, covenants, and restrictions to provide for the joint use, management, governance and operation of the projects. Under the Declaration, the Housing Authority is the Declarant and is the fee owner of the Rental Parcel. When RCD entered into the amended 75 -year ground lease for the Breakers at Bayport Apartments in 2004, it assumed certain operational responsibilities from the Declarant for the Rental Parcel. The Housing Authority, as the Declarant, continued to have cc /c c oc Agenda Item #3- 07-05-11 Honorable Mayor and Members of the City Council July 5, 2011 Honorable Chair and Page 3 of 3 Members of the Community Improvement Commission Honorable Chair and Members of the Housing Authority Board of Commissioners obligations under the Declaration for the Townhornes. In June 2009, the Housing Authority Board of Commissioners (BOC) and the Community Improvement Commission (CIC) approved a $150,000 agreement with RCD to carry out the Housing Authority's obligations over the next ten years. The attached Amendment to Agreement (Exhibit 1) would modify the consultant compensation schedule to pay the balance of the fees aged to RCD in Fiscal Year 2011 -12 (FY1 1-12). Exhibit 2 is an assignment of the CIC's obligation to pay pursuant to the Agreement to the City of Alameda. The assignment is necessary due to a transfer of the Affordable Housing In -Lieu Fund from the CIC to the City budget in 2010. DISCUSSION Acting on the Housing Authority's behalf, RCD carries out the Housing Authority's obligations under the Declaration. RCD provides staff support for the Joint Maintenance Committee, which is responsible for establishing, levying, and collecting any. regular or special assessments; conducting any required hearings regarding violations. of the Declaration; and maintaining all books and records pertaining to the Declaration.. The Declaration has a number of use restrictions and maintenance requirements that RCD enforces on behalf of the Housing Authority. use restrictions. that are enforced in uniformity of appearance, approval of any subsequent. construction, and rules regarding number of pets, maintenance of party fences, outdoor storage, placement. of refuse containers, etc. The agreement has a ten -year term and a $150,0.00. budget. RCD has received $38,899 to date. It is proposed to amend the agreement to modify ify the compensation schedule to pay RCD the balance due under the agreement, $111,101, in FY11 -.12. These funds are included in the FY11 7 1 2 budget. Staff is proposing to amend the compensation schedule due to uncertainty at the state level regarding redevelopment and the availability of affordable housing funds over time, whether or not the existing agreement would be deemed a valid obligation of the CIC in the future, and to streamline the administrative work involved in implementing the agreement given reductions in staff over the last two years. At the end of term, the Housing Authority will evaluate whether it wants to extend the agreement with RCD, retain another consultant to administer its obligations, or directly administer its duties. In 2009, when the agreement was approved, Affordable Housing In -lieu funds were deposited into a dedicated account in the CIC's budget. In 2010, the In -lieu fund Was transferred to the City's budget. Therefore, it is necessary to assign the CIC's obligation to pay under the Agreement to the City as the funds to compensate the consultant are provided for in the City's budget. Honorable Mayor and Members of the city Council July 5, 2011 Honorable chair and Page 3 of 3 Members of the Community Improvement Commission Honorable Chair and Members of the Dousing Authority Board of Commissioners FINANCIAL IMPACT The funds for this amendment to agreement are budgeted in the .Dousing Department's Affordable dousing In -lieu Fund 228. Monies in this fund are restricted to the construction, maintenance and preservation of affordable housing. RECOMMENDATION Approve an amendment to a $150,000, ten -year Agreement with Resources for Community Development to implement the Housing Authority's obligations pursuant to the Declaration of Reciprocal Easements, covenants and Restrictions for the Breakers at Bayport Townhornes modifying the consultant compensation schedule. Assign the CIO's obligation to pay pursuant to the Agreement to the city of Alameda and city Council accept the obligation to pay. Respectfully submitted, Michael T. Pucci Executive Director Exhibits: 1. A nd r t t Agreemer t 2. Assi g nment of ON igation to Pay. AMENDMENT TO AGREEMEN T This Amendment of the Agreement (The Breakers at Bayport Apartments and Townhornes) ('"Agreement"), entered into this 17 day of Tune 2011, by and between the COMMUNITY IMPR.O EMENT COMMISSION OF THE CITY OF ALAMEDA., a publi body "CIC the HOUSING AUTHORITY OF THE CITY OF ALAMEDA, a public body, corporate and politic "HOUSING AUTHORITY"), and RESOURCES FOR COMMUNITY DEVELOPMENT, a California nonprofit public benefit corporation, whose address is 273 Telegraph Avenue, Berkeley, CA. 94705, (hereinafter referred to as "Consultant is made with reference to the following: REC ITALS: A. On June T 7, 2009, an agreement was entered into by and between CIC, Mousing Authority and Consultant. B. CIC, Housing Authority and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: I. Paragraph 3 "Compensation to Consultant of the .Agreement is modified to read as follows: "Consultant shall be compensated for s ervices performed pursuant to this Agreement in an amount not to exceed $150,000 as set forth in Exhibit B -1 which is attached hereto and incorporated herein by this reference." 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. RESOURCES FOR COMMUNITY COMMUNITY IMPROVEMENT DEVELOPMENT COMMISSION B y. Pc -vc VL Title:; Resources for Community Development June 2011 John A. Russo Executive Director Exhi bit A genda It em 07 05 -11 RECOMMENDED FOR APPROVAL: Michael T. Pucei Housing Authority Executive Director Debbie Potter Housing Development &Programs Manager APPROVED AS TO FORM: 4e4ng General Counsel Resource,sfor Community Development June 2011 Page 2of 2 Exhibit B --1 Consultant Compensation All terms not defined herein shall have the meaning ascribed to them in the Consultant Agreement (The Breakers at Bayport) to which this Exhibit B -1 is attached to and a part thereof. Term: 10 years Total fee of $150,000 for the Tenn of the .Agreement. The fee shall be paid to Consultant as follows: On the Effective Date of this Agreement: 1 St Anniversary of the Commencement Date: 2 Anniversary of the Commencement Date: $25,000 13,899 1,1D1 .ASSIGNMENT OF CONSULTANT AGREEMEN=T The Breakers at Bayport .Apartments and Townhomes THI ASS IGNMENT of the Consultant Agreement for The Breakers at Bayport Apartments and Townhomes (the "Assignment is made and entered into.this 6 day of July, 2011, by and between the Community Improvement Conlnission of the City of .Alameda, a public body corporate and politic ("Assignor"'), City of A.larneda, a charter city and municipal corporation ("Assignee"), the Housing Authority of the Ci of alarneda, a public body corporate and politic ("Housing Authority"), and Resources for Community Development, a California nonprofit public benefit corporation, whose address is, 2220 Oxford Street, Berkeley, CA 94704 "RCD VV HEREAS, on June 17, 2009, an agreement was entered into by and between CIC, Housing Authority and RCD and on July 5, 2011, an amendment to Agreement was agreed to ("Agreement"); and W HEREAS, Assignee desires to have the Agreement assigned to it; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration as found in the terms and conditions set forth herein, the parties hereto intending to be legally bound thereby, covenant and agree as follows: 1. Effective Date. The Effective Date of this Assignment shall be July 6, 2011. 2. .Assignor hereby assigns to .Assignee all of Assignor's rights and interest in and to and delegates to .Assignee its obligation to pay under the Agreement. 3. Assignee accepts the assignment to it by Assignor of all of Assignor's rights, title and interest in and to, and the delegation to it by Assignor of .Assignor's duty to pay und the Agreement. IN WITNESS WHEREOF, the parties have executed this Assigm ent on the day and year first Witten. i RCD f F R Title 4 Community Improvement Conu ("Assignor") By: Title: Recommended for approval: By: 'Z Executive Director Housing Authority of the City of Alameda Approved as to form: By: Assistant General Counsel City of Alameda ("Assignee") Title: Approved as to form: By: Assistant City Attorney CITY OF ALAM EDA Memorandum To: Honorable Chair and Members of the Housin Authorit Board of Commissioners Honorable Chair and Membe'rs of the Communit Improvement Commission From: John A. Russo Chief Executive Officer/Executive Director Date: Jul 5, 2011 Re: CIC and B Approve a First Amendment to the Owner. Participation A for 2428 Central Avenue Redirectin CIC Housin Bond `Proceeds to Resources' for Communit Development.- for Ac of the Propert at 2428 Central Av'enue, and Amendin the -Form of the Promissor Note to Increase thle Principal Amount from $1 Million to $9 Million, and Authorize the Executive Director/Chief Executive Officer to Execute all Re Documents BOC Approve a form of a Partnership A between the Housin Authorit R Housin LLC, and 112 Alves Lane, Inc. and Authorize the Chief Executive Officer to Execute the Initial Partnership A and the Amended A to -Include Additional Limited Partners BACKGROUND On March 2, 2011 the Housin Authorit Board of Commissioners (130C) and Communit Improvement Commission of the Cit of Alameda (CIC) approved an ,Owner Participation A (OP with Resources for Communit Development (RCD a non-profit affordable housin developer, for the ac and rehabilitation of the propert at 2428 Central Avenue Islander Motel f or permanent affordable housin The OPA specified that the CIC would provide an $8 million g rant to the Housin Authorit for ac of the propert and a $1 million loan to RCD for rehabilitation. The Purchase and Sale A (PSA) between the Housin Authorit and the 'propert owner provides- that the Housin Authorit can assi the PS A to another entit of which the Housin Authorit is a member organization. Honorable Chair and Jul 5, 2011 Members of the Housin Authorit Board of Co m'missioners Pa 2 of 4 Honorable Chair and Members of the Communit Improvement Commission To meet the re of outside fundin sources, RCD has created The Alameda Islander LP to develop the affordable housin project. The Housin Authorit plans to assi the PSA to the partnership and the partnership will ac the propert "therefore, the OP A and the form of the Promissor Note must be amended to provide for a loan of the funds for propert ac to The Alameda Islander LP. In addition, it is recommended that the Housin Authorit or an affiliate of'the Housin Authorit become a spe l imited partner in the partnership prior to the propert ac A form of the proposed Partnership A between RCD Housin LLC, t he Housin Authorit as special limited partner, and 112 Alves Lane Inc., as initial limited partner, is on file in the Cit Clerk's Office. n1Qr1-T Since the March 2, 2011 approval of the OP A and resolution to issue Cl Affordable Housin Fund bonds to finance the pro RCD and the Housin Authbrit have made substantial pro on the. t. On March 7 pro 2011, RCD submitted its fundin applicat to the Count of Alame .da for. count HOME and Housin Opportu'nities for People with AIDS (HOWP funds. On March 14, 2011, RCD received all of its re plannin approvals from the Plannin Board. On March 15, 2011, the Cit Council approved a $1.3. million HOME loan, and on March 23, 2011 RCD submitted its fundin a.pplication. to the California Tax Credit Allocation Committee (TCAC) for 9% tax credit fundin In earl Ma RQD was notified that it will receive over $1 million in fundin from the Count throu both the HOME and HOPWA pro O'n.Ma 19, 20.1 the CIC su y sold $9.87 million in. Affordable. Housin Fund.bonds, raisin $8.6 million for the Islander project. On June 15, 201 T.CAC published.its -staff report for the June 22, 2011 meetin recommendin n recommen g an award of tax credits for the Islander project that -will provide over $7.6 million in outside funds. With the TCAC award, the sale of the bonds, and commitment of 'cit HOME funds and Count funds, all of the necessar fundin is in place to move forward with the ac and renovation of the Islander Motel. A condition .of TCAC fundin re that the project be under construction within six months of the award of tax credits. Therefo*re, the Islander Motel will be purchased and rehabilitation will commenc b the end of the calendar y ear. The pro will take 12 months to complete. As the primar source of outside pro fundin the award of tax credits sets the re of the deal structure. For example, the private e raised re the formation of a partnership to. implement the project where the tax credit investors are limited partners and the non-profit developer- is the g eneral partner. The partnership a must be in place for a minimum of 1 5 years. Honorable Chair and Jul 5 2011 Members of the Housin Authorit Board of Commissioners Pa 3 of 4 Honorable Chair and Members of the Communit Improvement Commission In addition, g rants of funds are treated ver differentl than loan of funds and whether or not funds are loaned or g ranted can impact the amount of the tax credit award. These technical details are often addressed once the award of tax credit funds is made. To ensure that the tax credit award is maximized, the OPA needs to be amended so that the CIC's g rant of $8 million to the Housin Authorit for propert ac is instead an $8 million loan to RCD. Therefore, pursuant to the OP A, as amended., the CIC would loan RCD $9 million rather than g rantin g the Housin Authorit $8 million and loanin RCD $1 million for, a portion of the renovation costs. Exhibit E of the OP A, the form of the Promissor Note, is also amended to reflect the $9 million loan amount. The loan will accrue no interest and is deferred for the 57- term. For tax credit purposes, a partnership, The Alameda Islander LP, has been w formed to construct the pro and on the improvements,. The OPA anticipates that the Housin Authorit or its affiliate, will become a special limited partn This is important for several reasons. The Housin Authorit in consideration of the substantial investme b the CIC, has the ri to assume ownership of .the pro at the end o f the tax credit "recapture period the 15- time period in which the private investors use their tax -credits. In addition to providin for this ri in the OP A, it is important to include it in the tax credit partnership a The Housin Authorit would also like to g ain experience in tax credit projects to become competiti in appl -directl for tax credit. financin Actin as a special limited partner provides some of the.re experience. The Housin Authorit is re approval -of the form of t.h Partnership A between RCD Housin LLC, the Housin Authorit and 112 .Alves Lane, Inc. on file in the Cit Clerk's Office. It is anticipated that the Partnership A will be modified when the tax credits are sold and the private inve�tcrs are added as limited partners. Therefore, it is re that the Chief Executive Officer be authorized to execute the initial Partnership A and the amended A to 'Include additional Iim'ited partners. Approval of the amendment to OP A and form of Partnership A will brin the documents into compliance with the tax credit fundin re and provide the Housin Authorit with the abilit to g ain tax credit experience. FINANCIAL IMPACT There is no financial impact from amendin the OPA to redirect c Affordable Housin Bond proceeds from a g rant to the Housin Authorit to a 0%, 57- ,deferred loan to RCD nor from approvin a form of Partnership Agreement Honorable Chair and Jul 53 201 Members of the Housin Authorit Board of Commissioners Pa 4 of 4 Honorable Chai'r and Members of the Communit Improvement Commission between RCEY Housin LLC,,the Housin Authorit and 112 Alves Lane, InG. for the ac and rehabilitation of the Islander Motel. ENVIRONMENTAL REVIEW Environmental review for this pro has been concluded. and the Notice of Exemption was filed with the Count Recorder's Office on March 22 201 1,, RECOMMENDATION CIC and BOO approve a first amendment to the Owner Participation A for 2428 Central Avenue redirectin CIC Housin Bond proceeds to Resources for Communit Development for ac of the propert at 2428 Central Avenue, and amendin the Form of the Promissor Note to increase the principal amount from $1 Million to $9 Wlion, and authorize the Executive Director/Chief Executive Officer to execute all re documents. BOC approve a fo of a Partnership A between the Housin -Authorit RCD Housin LLC, and 11 2 Alves Lane,, Inc. and authorize the Chief Executive Officer to execute the 'Initial Partnership A and the amended A to include additional limited partners. Resple;X,tfull s 'tted Michael T. Pucci Executive Director 2 B Y' b ee r Housin Development and Pro Mana Exhibits: 1. Amendment to the OPA 2. Form of Partnership A on file in the Cit Clerk-s Office FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT (2428 Central Avenue) THIS FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT (2428 Central Avenue) "First Amendment dated as of 2011 is entered Into by and among the COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALA MEDA, a public body corporate and politic ("CIC"), the HOUSING AUTHORITY OF THE CITY OF ALAMED.A, a public body, corporate and politic "Housing Authority and RESOURCES FOR COMMUNITY DEVELOPMENT, a California nonprofit public benefit corporation "Developers _R FCTT A r This First Amendment is entered upon the basis of the following facts, understandings and intentions of the parties hereto. A. The CIC, Housing Authority, and Developer entered into that certain Owner Participation Agreement (2428 Central Avenue) dated as of March 2, 2011 (the "Origina na .Agreement which shall be amended by this First Am This First Amendm together with the original Agreement, hereinafter shall be referred to collectively as the "Ag reement". B. The CIC, housing Authority and Developer desire to amend the Agreement in the manner set forth herein. .AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the terms, conditions and covenants set forth below and other good and valuable consideration, the parties hereto agree as follows: l Definitions. The capitalized terms not otherwise defined herein shall have the meanings given in the original Agreement. 2. Amendment of Sections 4.3(c) and 4. Section 4.3 (c) and 4.3(c)(i) are hereby deleted in their entirety and replaced with the following: (c) In consideration of the Developer's and Dousing Authority's obligations hereunder, including without limitation, Dousing Authority's obligation to acquire the Property, Developer's obligation to complete the Project and to operate and maintain the Project, and subject to the terms and conditions c IA L,49 5 "S 45492.3 CCICIP /HA�B.QC .6' set forth herein, the CIC shall provide to Developer financial assistance consisting of the CIC Loan (as defined below) for acquisition of the Property and reasonable and necessary costs of developing the Project as described in the Development Budget (the "Development Costs which costs may include predeveloprnent costs, property acquisition, rehabilitation costs, tenant relocation costs, construction financing, or permanent financing. To facilitate the initial joint acquisition of the Property from Seller, Developer shall use a portion of the CIC Loan proceeds (Eighty Thousand Dollars ($80,000)) as a prepayment to the Housing Authority for acquistion of its intial interest in the Property. (i) Subject to the terms and conditions of this Agreement, including, without limitation, Developer's fulfillment of the Conditions Precedent to CIC Loan Disbursement set forth in Section 4.3 (c)(iv) below, the CIC shall loan to Developer Nine Million Dollars ($9,000,000) (the "CIC Loan solely from the the housing Set -Aside Revenues, including proceeds of the Bonds. The CIC Loan shall be evidenced by a promissory note (the "Promissory Note CIC Loan. substantially in the form attached hereto as Exhibit E No interest shall accrue on the CIC Loan, which shall be a nonrecourse deferred loan. 3. Amendment rent of Section 43 c iii C Section 43 (c)(iii)(C) is hereby amended to delete "one Million Dollars" and replace it with "Mine Million Dollars ($9,000,000)". 4. Amended Exhibit E Exhibit E to the .Agreement is hereby deleted in its entirety and replace with Exhibit E attached hereto and incorporated herein by this reference. 5. Counterparts This First Amendment may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. 6. Ratification ofA.oree went Except as otherwise expressly modified by the terms of this First Amendment, the Agreement remains unchanged and in full force and effect. In the event of any conflict or inconsistency between the terrns of this First Amendment and the terms of the original Agreement, the terms of this First Amendment shall control. 7. .Authority The undersigned hereby represent and warrant, each to the other, that (a) they have the legal right, power and authority to enter into this First Amendment on behalf of the party for whore they are a signatory, and (b) the execution, delivery and performance of this First Amendment has been duly authorized, and (c) no other action is requisite to the valid and binding execution, delivery, and performance of the Agreement. CIAL1,49 s t845492.3 2 IN WITNESS WHEREOF, the parties hereto evidence their agreement to the terns of t his First Amendment as of the date first above written by signing below: CIC: Community Improvement Commission of the City of Alameda, a public body, corporate and politic I: John A. Russo Executive Director Approved as to fore.: By: P Farirnah Faiz Assistant General Counsel Recommended for Approval: By: Michael T. Pucci Executive Director Housing Authority of the City of Alameda Mousing Authority of the City of Alameda, a public body corporate and politic John A. Russo Chief Executive Officer Recommended for Approval: By: -tfr Michael T. Pucci Executive Director Housing Authority of the City of Alameda Approved as to orm: By: Farimah Faiz Assistant General Counsel [Signatures continue on nextpage.] C[AL\49 155 \845492.3 3 Resources for Community Development, a Calif n pT it p N bene t o oration By: D an S ari s I alp Executive director CIALA9115)845492.3 4 Form of Promissory Note CIC Loam (Attached) CIAD491 s5 \s4s492.3 PROMISSORY NOTE CIC LOAN (2428 Central Avenue) K00000 .Alameda, California 2011 FOR VALUE RECEIVED, the undersigned, THE ALAMEDA ISLANDER, L.P., a California limited partnership "Maker promises to pay to the COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF AL.AMEDA, a public body corporate and politic (the "Holder or order at 2263 Santa Clara Avenue, Room 230, Alameda, California 94501 or at such other place as Holder may direct from time to time in writing, the principal sum of NINE MILLION DOLLARS ($9,000,000) "CIC Loan. or such lesser amount actually advanced to Maker, together with other charges as set forth herein below. All sums payable hereunder shall be payable in lawful money of the United States of .America. 1. Owner Participation Aoreernent. This promissory Dote "Promissory Note is made and delivered pursuant to and in implementation of that certain owner Participation Agreement (2425 Central Avenue) dated as of March 2, 2011, as amended, by and between the Holder, the Housing Authority of the City of Alameda, a public body, corporate and politic, and the Maker (the "Agreement The terns and conditions of such Agreement, which, among other things, allow for acceleration of this Promissory Note upon the occurrence of certain events of default, are hereby incorporated by reference. Capitalized terms not defined herein are as defined in the Agreement. In the event there is any conflict between the terms of this Promissory Note and the terns of the Agreement, the terns of the Agreement shall govern. 2. Terms of Payment a. The term of this Promissory Note is from the date of execution by Maker until 2065. b. The total amount due on the CIC Loan shall not bear interest. C. Payments shall be deferred from the date of execution of this Promissory Note until the end of the term of the CIC Loan. d. This Promissory Note shall be due and payable upon the sale, conveyance, assignment, hypothecation, refinance without prior written consent of the CIC, or transfer to any other party(ies) (other than the Permitted Transferee (as defined in the Agreement)) of any interest of Maker in the Property described and defined in the Deed of Trust executed this date by Maker and described below. With the prior written consent of the CIC, this Promissory Note may be assumed for an assumption fee equal to time and expenses of CIC staff needed to process such a request. CIAL "491551834521.5 1 3. Prepayment Maker may prepay all or any part of the outstanding principal balance of this Promissory Note at any tune, without penalty. within thirty (30) days following such prepayment, in full, Holder shall return this Promissory Note to 'Maker marked "cancelled." 4. Deed of Trust The CIC Loan shall be secured by a. Deed of Trust dated concurrently herewith, encumbering the Property, recorded in the Alameda County Recorder's office. 5. Default Maker will be in default under this Promissory Dote upon the occurrence of any one or more of the following events (each, an "Event of Default a. Maker fails to make any payment of principal under this Promissory Nate within ten (10) days after the date when due; or b. Maker fails to comply with any provision contained in this Promissory Note or the Agreement, and does not cure that failure within thirty (30) days .after written notice from Holder, or if such failure is not of a nature which can be cured within such thirty (30) day period, Maker does not within such thirty (30) day period commence substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure or C. An event of default under the Agreement occurs subject to Section 7.8 of the Agreement. Sub j ect to Sections 7.7 and 7.8 of the Agreement, if an Event of Default occurs, the Holder may exercise any right or remedy which it has under this Promissory Note or the Agreement, or which is otherwise available at law or in equity or by statute, and all of Molder's rights and remedies shall be cumulative. Upon the occurrence of any Event of Default, Molder's obligation to lend under the .Agreement shall automatically terminate. Upon the occurrence of any Event of Default all of Maker's obligations under this Promissory Dote and the Agreement may become immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind or character, all at .Holder's option, exercisable in its sole discretion. Holder'.s failure to .exercise such option shall not constitute a waiver of such option with respect to any subsequent. event. Holder's failure in the exercise of any other right or remedy hereunder or under any agreement or other instrument which secures the indebtedness or is related thereto shall not affect any right or remedy and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof. 6. Waivers Maker expressly waives: (a) any defense based upon any legal disability or other defense of Maker. or other person, or by reason of the cessation or limitation of the liability of Maker from any cause other than full payment and performance of those obligations of Maker which are provided for hereunder; (b) any defense based upon any lack of authority of the members, officers, directors, partners or agents acting or purporting to act on behalf of Maker or any member of Maker or any defect in the formation of Maker CIAL149155 \834521.5 2 or any member of Maker; (c) any defense based upon the application by .Maker of the proceeds of this Promissory Note for purposes other than the purposes represented by Maker to Holder or intended or understood by Holder or Maker; (d) any defense based upon Holder's election of any remedy against Maker; (e) any defense based upon Holder's election, in any proceeding instituted under the Federal Bankruptcy Code, of the application. of Section l l l l (b)(2) of the Federal Bankruptcy Code or any successor statute; (f) any defense based upon any borrowing or any grant of a security interest under Section 364 of the Federal Bankruptcy Code; (g) any right of subrogation, any right to enforce any remedy which Holder may have against Maker and any right to participate in, or benefit from, any security for this Promissory Note or the other documents now or hereafter held by Holder; and (h) presentment, demand, protest and all notices other than any notice expressly provided for in this Promissory Mote and /or the Agreement. 7. Costs Upon the occurrence of an Event of Default, Maker promises to pay all costs, expenses and reasonable attorneys' fees incurred by the Holder in connection with the collection or enforcement of this Promissory Note or any part of it, whether or not suit is filed, including but not limited to, all costs, expenses and attorneys' fees incurred by the Holder in connection with any insolvency, bankruptcy, reorganization, arrangernent or similar proceedings involving Maker. s. Limited Recourse Notwithstanding anything to the contrary in this Promissory Mote, there shall be no personal liability of Maker, and the liability of Maker shall be limited. to the property securing the Promissory Note, hereinafter referred to as the "Property Holder shall, however, be entitled to institute an action, suit, claim or demand. against, and. to recover a judgment against Maker, but only for any deficiency and the cost of collections, and only to the extent that such deficiency results directly fi (a) intentional or willful fraud or misrepresentation by Maker in connection with the representations and warranties provided by Maker; (b) the retention of any rents front the Property to Maker after an event of default has occurred and the cure period of such an event. has expired (to the full extent of such rents retained and collected by Maker after the occurrence of an event of default after the cure period) (c) the willful removal or disposal by Maker of personal property or fixtures of the Property constituting a significant value, except .for that which occurs through. reasonable maintenance and repair; (d) the retention or misapplication by Maker of any insurance proceeds or any condemnation award with respect to the Property to the extent of such insurance proceeds and /or condemnation award; or (e) the intentional or negligent waste of any portion of the Property by Maker. 9. Amendments and Modifications This Promissory Note may not be changed orally, and may be amended only by an agreement in writing, signed by the party against whom enforcement of any waiver, change, modification or dispute is sought. 10. Governn g Law This Promissory Note shall be construed and enforced in accordance with the laws of the State of California. 11. Successors The terns "Maker" and ".Molder" shall be construed to include the parties' respective successors and assigns. CIAL149 55 \S3452L5 3 12 S e verabilit If any provision of this Mote shall be invalid., illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. IN WITNESS WHEREOF, the undersigned has executed this Promissory Note as of the date first set above. Maker has delivered this Promissory Note as of the day and year first set forth above. The Alameda Islander, L.P., a California limited partnership By: RCD Housing LLC, a California limited liability company, its general partner By: 112 Alves Lane, Inc., a California nonprofit public benefit corporation, its sole member /manager Ilan S awislal- Executive Director CIAL14915518345? 1.5 4 Ho usin g Authority of th 701 Atlantic Avenue -Alameda, California 94501-2161 Tel: (51 0) 747 -4300 Fax (510 522 -7848 TDD: (5 Q) 5 8457 7 To: Honorable Chair and Members of the Board of Commissioners From: John Russo Chief Executive Officer Date: July .5, 201 Re: Adopt a Resolution. to Amend H.o.using Authority Budget to I ncrease Funding for CI P GF3. 10 by $.93 600; Increase and Amend the Architectural Contract by $3 including .Contingencies; Award the Contract t o N. S. Construction and Painti I n th Arrlou nt of $BBD, Sao Including .+Contingencies, and. Authorize the Executive Director to Execute the Contract and Amendment BACKGROUND The Fiscal Year 2012. Capital improvement Project (CIP) budget includes the exterior and..interior renovations. of the .H.ousi Authority. office. building. March 20.10, the original dousing Authority office. architect, Kodama�Disene, has been under contract to develop plans and speci fications for this work: Additionally, staff has. retained the services of K2A Architects work with staff for a:-re des i g n of the reception area. To dates the Housing Authority has expended. $40 d this desig work, survey, and City fees. The project i being fast tracked to allow the. Housing Authority to begin construction of the interior. m od ifications while the exterior. work .is sti going th rough. Commu n ity Development Department approval, thereby minimizing construction delays. DISCUSSION On April 15., 2011 the Housing Authority issued an Invitation for Bids (IFB) for exterior and interior. renovations. of the Housing Au office building A public notice was placed in the local newspaper and on the Housing Autho rity's webs ite. In addition, all contractors that have requeste placem on the HoUSing Authority's list of potential contractors for this. type ofrork and :.all Alameda contractors 'Iflrith a relevant business license were contacted about the I F.8. A mandatory pre -bid conference. was. held on April 20, 2011 to. provide interested contractors the opportunity to inspect the Housing Authority office building, eleven contracting firms .attended this. pre bid confe rence. contractors were. informed that this project consisted .of Phase one work for the installation of a near cor�ferenee room; Phase Tll110 'llllork to. ..convert the existing bathrooms .to meet current Americans with Disabilities Act (ADA) requirements and the .addition of new work spaces. CC/CIC/HABOC Agenda Item #3- 07- Honorable Chair and Members of the Board of Commissioners July 5, 2011 Page 2 of 3 Phase Three work to expand the front of the office building to.. accommodate additional work spaces; and finally Phase Four to replace the. Light we.i g ht concrete sub -floor and finished flooring of the. existing second floor. work space. Phase Three work requires a. Planning Board meeting and approval, which is .scheduled for July 11, 2011. Anticipating a positive outcome of this Meeting,. additional funding has been included to complete this .phase of the project. On June 1, 2011, four bids were received .and publicly opened, :and the. results are as follows: CONTRACTOR LOCATION BID AMOUNT A and E Emaar Albaan CA ...$50000 N.S. Construction and Painting Danville, CA $528 B Side Oakland, CA $703,300 Romkon, Inc. San Francisco, CA $752,000 The apparent love bidder, A and E Ema.ar, did not provide. costs for all p hases. of this project and, therefore, this contractor's bid has been deemed as non- responsive. The second lowest bidder, N.S. Construction and Painting, leas. not. worked with the Housing Authority on any previous.projects. Staff has checked this contractor's references with no negative findings. Staff has also. met with arid: discussed all contract and construction requirements. with N.S. Construction and Paintin The g company will provide. the Housing Authority. With all necessary insurance documentation and proof of a City of Alameda Business. license. Bonding requirements will be met prior to commencement of work. The Housing Commission approved this report at its June 15, 201.1 meeting FINANCIAL IMPACT The FY 2012 budget provides $520,000 for the expansion. of the Housin 0 Authority office building. The budget aril need .to be amended to .increase the CIP line item for this project by $93,600. The base construction bid Will require an additional $5,000; a .10 percent contingency ($52,800). is recommended for potential Change Orders, which will increase the. construction contract to a not to exceed amount. of $580,800. An amendment and increase. of .$32,800 is recommended for the architectural contract to. address construction administration and any changes .to Phase Three as a result of the planning :Bflard process. This will increase the total project budget for Fiscal Years .2011 and .20`l 2 to.$054,141. The Housing Authority has an adequate. reserve to cover this additional cost for this project. Overall, the impact on the budget will be to increase CI P's for. FY 2012 to a total of $1,821,419. i Honorable Chair and July 5, 2011 Members of the Board of Commissioners Page 3 of 3 RECOMMENDATION Adopt a resolution to increase the Fiscal Year 2012 CI P GF3 -10 budget by $93,600 to $613,141 for the expansion of the Housing Authority office building and additional architectural services (Budget Revision No. 4 Amend and increase the Architectural contract by $32,800 to $05,800 including contingencies. Award the contract to N.S. Construction and Painting in the amount of $580,800 including contingencies and authorize the Executive Director to execute the contract and amendment. Respectfully submitted, Michael T. Pucci Executive Director Exhibits: 1. Contract with N.S. Construction and Painting on file in the City Clerk's office Housing Authority of the City of Alameda Wpolution No. APPROVING AND ADOPTING HOUSING AUTHORITY BUDGET REVISION NO. 4 FOR THE FISCAL YEAR JULY 1, 2011 To JUNE 30, 2012 WHEREAS, the Chief Executive officer has submitted a proposed budget revision to the Board of Commissioners of the Housing Authority of the City of Alameda; and WHEREAS, the Housing Authority has sufficient operating reserves to meet the working capital needs of its properties; and WHEREAS, the proposed budget includes expenditures that are necessary for the efficient and economical operation of the housing for the purpose of serving low- income residents; and WHEREAS, the proposed reprised budget indicates a source of funds adequate to corer all proposed expenditures; and WHEREAS, the Housing Authority will comply with all state and federal gage rate requirements and requirements for access to records .and audits; NOW, THEREFORE, BE. IT RESOLVED that the Board of Commissioners of .the Housing Authority of the city of Alameda hereby adopts Bdd.get Revision No. 4 as submitted for the fiscal years starting July 1, 2011. ATTEST: Marie Gilmore, chair Board of Commissioners Michael T. Pucci Executive Director secretary A pproved �s to Fo A S S i S TAN T G E NERKL COUNSEI- To: Honorable Chair and Members of the Board of Commissioners From: John A. Russo Chief Executive Officer Date: Jul 5, 2011 Re: Approve the Housin Commission's Recommendation to Name the Proposed Affordable Housin Project at 2216 Lincoln Avenue Jack Capon Villa BACKGROUND At the Februar 9, 2011 Housin Commission meetin the Commission approved a process for namin a 19-unit affordable housin pro for ver low-.income adults with developmental disabilities. The project will be located at 2216 Lincoln Avenue, and .will be developed and owned b Satellite Housin and Housin Consortiu .of the East Ba HCEB The process included conductin a competition for namin the p roject, establishin a namin committee comprised of two Housin Commissioners -and.HCEB and Satellite Housin representatives to review the names, and submittin t he recommended name to the Housin Commission for its approval and recommendation to the Housin Authorit Board of Commissioners (BOC). At the Ma 3, 2011 Cit Council meetin several members of the public spoke about the namin competition for the project, their desire to seethe proj .named .in honor of Jack Capon, a lon resident and advocate of people with developm disabilities, and the Cit Polic for namin Cit Propert Facilitie and Streets. While the -project will be owned and mana b Satellite Housin the Hou sin Authorit will own the land and the Communit Improvement Commission of the Cit of Alameda (CIC has contributed to the pro financiall Therefore, it was determined that the BOC should approve the name for the pro DISCUSSION Satellite Housin sponsored the competition for the namin pro (Exhibit 1). Outreach for the competition was to Satellite Housin staff, Satellite Housin residents, HCEB's Facebook pa members of HCEB's Housin Connections, Cit and Housin Authorit staff, and the Housin Commission and Plannin Board. A small reward ($50 g ift card) was offered to the person whose project name was selected, or to a person whose name was used to derive another name. A a item. #4 A Honorable chair and July 5, 2011 Members of the Board of Commissioners P.age.2 of 3 In order to get the best names, some basic information about the project was provided as follows: Project Description; Location information, including nearby cross streets, any past landmarks on the site, and site history; An image or two of the current design; and Ideas for naming. For instance, anyone who was important to .the .commu.nit Y an advocate for individuals with developmental disabilities, or any meaningful words that would capture the essence of this project. Housing Authority staff also provided Satellite Housinq/HCEB. the city's Polic for Y Y naming city Property, Facilities and Streets dated March 20, 2007 for reference and consideration. The naming contest closed on Wednesday, April 27, .2011. Thirty -five. people submitted a total of 85 name suggestions (some. people .submitted multiple suggestions an d some suggestions were submitted by more .than one person). Two thirds. of the. suggested names came from city staff or the larger Alameda communit y. one submittal, to nacre the project in honor of Jack. capon, came with a petition. of support signed by 150 people. Exhibit 2 is a complete list. of names proposed .by contest entrants: The naming committee.. met to review the name suggestions and select the most appropriate .name.to submit to the Housing Commission for its consideration. Based on that evaluation, the following proposed name, with two possible variants, was .prov.ided to the .Housing commission at its May 18 meeting: Jack Capon Commons Jack Capon pillage Jack capon founded the Special Olympics Program in the city of. Alameda and served as its volunteer director for 25 years .(1973 1999). Hundreds of developmentally disabled students and adults benefitted .from Jack. Capon's guidance,. encouragement, and commitment to their year -round Special Olyn pics opportunities. Jack Capon moved to .Alameda .in 1968, when .he was appointed Coordinator of Physical Education for the Alameda Unified School District. He. was nationally and internationally ano n for his practical application of movement education to the classroom environmnt, Tie pity of Alameda recognized Mr. Capon as citizen of the Year. in 1998. Mr. Capon passed array in 1999 At the May 18, 2011 Housing Commission meeting, several members of the public spore in favor of the committee'.s recommendation, bu.t requested that the final recommendation be continued to the Commission's June 15, .2011. meeting in order to obtain formal endorsement from Special Olympics Alameda. Exhibit .3 is a letter from Debbie opperud, Director of Special Olympics Alameda, requesting that the. project be named Jack Capon villa. Based on the additional outreach conducted by the .special Honorable Chair and Members of the Board of Commissioners Julys, 2 :Page 3..of 3 Olympics and the consensus achieved, on June 15, 2011, the Housing Co 1'lr1" miss on approved a recommendation that the name Jack Capon villa be forwarded to the BOC for its approval. FINANCIAL IMPACT There is no financial impact from selecting a name for the 19 -unit affordable housing project at 2216 Lincoln Avenue. Satellite Housing /HCEB will be awarding a $50.00, gift certificate from a local grocery store to the entrant who submitted the recommended name. RECOMMENDATION Approve the Housing Commission's recommendation to name the proposed affordable housing project at 2216 Lincoln Avenue Jack Capon villa. By: b ie otter Housing Development and Programs Manager Exhibits: 1. Contest Flyer 2. Project Gaming Suggestions 3. Letter from Special Olympics Alameda V) V) M (31 -�e 4-J u W UO C- C V) E v; 0 4-J to 0 m E 0 c 0- r CL V) Q. E cL 0 V 4-- (v 0 L- 4- X cu w 0 CU 0 0 v 42 -C (D 0 -0 4-1 C E 4-J e cu L- +a In 'n (n 0 z w 0 C: S- L E 75 8- 4 --1 E 4- 0 -C E 0 c L- m cu 6 W 0 0 -0 (U V (U 4- CL 0 -0 6 to CU r S_ +-J r- +-j 4-j r_ Ln m E va m V) 4-J c a cu 4-J 0 cu (U tw CU 0 qj U 0 to Ri -0 E w a- :E E c- L- V) v E M (D QJ 0 co 0 =3 CU C: cj 0 CU 0- c u c 0 Ln t CL1 U J (U u cu V cu CU 4-J -0 v) E 0 aj 4-1 4- CU V L- E m 4- M M C: m m Co V 4-, fu CL. V) 6 0 0 to c -0 C: a4pml 0 0 :3 m cu GAM 43 E CU E E v 41od c cu c: cu r- 0 m r- fu M D- .0 cG CU 0 M 4-J Ln W (U m CL Z c w 4-J -Pi 1�0 a) W (U :3 0 E cr -0 L- 4-j CL c w tn 0 w C CL .J. E ru 0 rH CU 0 0 X E m w (u U to CU Fu Lit -C L 'r .0 w Som r m 0 t to ca 0 M 0 UJ 0 .w E 0 4 0 V E CL to 0 VINOW C Lm 0 E 4-0 0 r r 0 Ln 0 r 0 u m to J r tow dows 0 E rr m 0 C 4-0 m 0 SEEM NOWN A (3) ME "R 4-# (1) E u 0 0 fA to tLO 0 0 CU 0 +-j LM a) CL 0 Lo. z Q) 4MO La 0 4100, ..E m LU as I%wr 1%w if NOr a Nor I a R H--x ONEW Exhibit 1 to A ltem? 07-05-11 4-J C E LA :a) Qj :..r OJ Ma c ::r=. .An Q) 10 (IJ C:.. 16n 4—J 4-J cu �E a4pml 4) 0, C) >:AD. 0......(1) U. 4= J cu M M. I 4—J. m cu W A D. (Ij Qj T 4-J VI CU L. W.. CI*4. m L M 3. to Ln (1) tl1r) 00 r la) 0 u a th 0 Ln I... C) 4' ..j Ln C) 0 L— h� CL AD (Ij u 0 -2 F V) u CL LM a) CL 0 Lo. z Q) 4MO La 0 4100, ..E m LU as I%wr 1%w if NOr a Nor I a R H--x ONEW Exhibit 1 to A ltem? 07-05-11 2216 Lincoln Avenue- Project Naming Suggestions Named After Person Abe's Place Lincoln's Gardens' Lincoln's Grove Bonville Place Jack Capon' Alameda -Based Names Lupine Lodge/ Village' Linnet Lod e/ Villa e' g 9 Island Gardens of Alameda Alameda Bay Gardens Bay Gardens Island /Manor Park street Manor The .Manor Lincoln Manor Casa Alameda Island.Vil age Lincoln Town Apartments a Lincoln. Independence Fall Lincoln center Apartrnernts Lincoln Center for Independent Luring Lincoln Lodge/ Vila e 3 g Bncinal Independence Bay Living The Alamedians/ The Alamedans Alameda Shorelines Linoaks square Idealist Names Xanadu Apartments Utopia Apartments ff Dreamworks Apartments Dreamgate Apartments i Home Swe Home Apartments Freedom Man.or Freedom Villa e Liberty Village Liberty Junction CC/CICIHABOC Exhibit 2 to Agenda item 07-05-11 Liberty Gardens Liberty Way Questrnount Liberty Commons Safe Residential Complex Freedom Square Freedom Commons Lifescape Lifevier M i Posada La Vida Paradise. Living Free 2 Live Independently slice of Maven Castlewood Chance for Independence (CFI) Inspirational Society Intellectual Society Enlightenment Society Intellectual Futures Serenity. Place Green Maven Tranquility. Gardens Emancipation Plaza Satellite Housing-Based Names Satellite Island Terrace y Satellite Sanctuary General Names My Home ply Space Liv.ing. lily Place Walnut Court Evergreen Vista The Th rivers Arbor Court G ump Apartments city Center Apartments Name carne Frith histo narrative background �7 a g Submitted after the deadline 3 Multiple entries for this name w 'da Alameda Unified School District 2200 Central Avenue, Alameda, CA 94501 510-769-7019 (510) 337 -701.8 fax clebbieo@pacbell.net Mike Pucci, Executive Director Housing Authority of the City of Alameda 701 Atlantic Avenue .Alameda, Ca. 94501 F June 5, 2011 Executive Director Puccl, On behalf of the City of Alameda Special Olympics organization, I am pleased and honored to present you with our recommendations for naming the new 2216 Lincoln Avenue residential complex in honor of our founder, Mr. Jack Capon. Jack started the Special Olympics program in Alameda over 30 years ago, and. through this program. has inspired and motivated literally hundreds of youngsters, as well as. their .parents and guardians, siblings and other family members. Jack's innovative techniques touched the lives of countless individuals, in the SO program, in the Alameda Unified School system and around the world. He placed his indelible mark on this city and its citizens, and we are now positioned to bestow upon hint a well- deserved honor by naming the new Lincoln Avenue complex after him. T In a polling of the entire Special Olympics community, numbering over 70 athletes, their families and over 50 coaches and other volunteers, we have identified the following recommendations for the new complex name. The overwhelming preference was: Jack Capon villa It was felt that this name speaks to Jack's Italian heritage, and brings to mind an air of elegance in living. Jack's wife Barbara also favors this name. Additional suggestions included: Jack Capon Community because `Jack created community, removed barriers' Jack Capon Housing Jack Capon Apartments And, from one of Jack's older athletes: Jack Capon Palace because `lack was like a king to us' Kindest regards, CC /C /BO Exhibit 3 to A Item #4- 07-05-11 Debbie Opperud, Director WHEREAS., Deputy Fi Chief Mich Fisher will o ff icia lly retire on from the .Ala Fire Department on July 16, 2011, after serving the City of Alameda for 28 ye and WHEREAS, De ut Chief Fisher beg an.. his. l career with the Alameda Fire p g g Department on J an uary 31 2983 when he as hired as a Firefighter; and WHEREAS, Deputy. Fire Chi F .isher ro s e throu h t�.e ra ks of the de art ment servin g p g as a L eu te.nant f or: our ye a rs; a Captain for f e years; an Assistant Fire Chie f/Divis on Chfbf fo 12 de ars, and` as the City" s Fire M arsha ll fo six y ears and WNERE D h.e Fish r in u e as a o ted to his c rrent role as: De ut F ire Chief p pp p rat�ons itl D c r s Interim of e e e ber Qo9 and ahI seed as fh�e de artment y p of kom Lre to May 2011 and WNERE his terueit� the �p art rraert Depu hif Asheras actives g t r invo ed u the `rr r a errient of t e to ont's ar ous �onzrnunications g p programs; i�clud ass�st�ng `�r� t�e eon sod i d ate o of several fire agencies in .A amed a County Ito one :alb. -f ire dls at h e ter; and WHEREAS, Deputy Chief Fish w.as. Est in�ental in she pherding the C i 's ap p lica tio n p p g pp for annexation into the Alameda County Erneraency Services District through the Local Agency Formation Commission process. NOW 7WEREFORE BE Ir RESOL VED that f Marie L. Gi lmo re May or of the. City of Alameda, join mn� +City Co colleagues in extending our h eartfe lt thanks to De puty Chief Fisher for his many rears of faithful City service and wishing hire. all the hest hz his well deserved retirement. Marie L. Gilmore Ma y or c i ty Council Agenda item 7 -11 �r WHEREAS J a leadi real estate acquisition and rnanaoernent firm and proud owner of Alameda Towne Centre, an open-air retail center and the only major shopping center in the City of Alameda, will rename the pro Al ame da South Sh ore Cent er, payin tr bute to its location, hi story and original name, effective JuIv 4, 201 1; and WHEREAS Jamestown is rebrandui a and rev tal i��i� Alameda South h S ore Center, further aligning it. wi f he. lieeds an.d desires of residents, customers, businesses and visitors.. and creating an enhanced experience for all who frequent it and Wi r J a mest ov% 7n �v i continue to` 7n� est 'Alameda ou S �h�re en ter s pub l ic ima e and mfrs s ctu r cludin a :rnu ted effort tc recast the center as rnore t an a ret dent* Lion thrc�t :the lementation of aesthetic struct :r `1 and a env ern raverrtertts and cornmtnnitv-based ro rams and P.g WH EREAS amesto n wig unveil the restored.. Alameda o�uth T S shore tenter Warne and new to 6ro ..M c onjurl I C3 1: 1t�.. ffle aunch `o the ceilter S summer nnr�ler concert seri d s ons�or°shi t e Mayo n1th ce rated nth of July p p thT arade; p and W Y �'1EA S Jamestown i coat e ta: celebrate Alameda South In Sore Center's revitalization and waterfront location, as reflected in the newly developed t agline, "Come Shop at the Beach" through a variety of community activities and events, creating a vi bran t a tmos phere. that b ene fits local businesses and residents and attracts visitors from the San Francisco Bay Area zaid beyond. NOW, TW EREFORE B Ir RESOLVE that 1, Marie L. Gilmore, M ay o r of the Cit of Alameda, do he reby proclaim July 5th. as A S outh S htwel C ontor cly in the City of .Alameda and congratulate Jamestown for their vision and commitment to the community and to Alameda South Shore Center. Marie L. Gilmore Mayor City Council A genda Item 7 -5 -1 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY -JUNE 21 -6:00 P.M. Mayor Gilmore convened the meeting at 6:10 p.m. Roll Call 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 (54957.6); Agency negotiators: Joe Wiley and Human Resources Director; Employee organizations: All bargaining units. (11- Conference with Legal Counsel Anticipated Litigation; Initiation of litigation pursuant to subdivision (c) of Section 54956.9 Number of cases: Two. (11- Liability Claims (54956.95) Workers' Compensation Claire; Claimant: Judy Pena; Agency Claimed Against: City of Alameda. Following the Closed Session, the meeting was reconvened and Mayor Gilmore announced that regarding Labor, the negotiators briefed Council on the status of bargaining with Alameda Police officers Association, Alameda Police Management Association, International Association of Fire Fighters, Alameda Fire Managers Association, and Alameda City Employees Association; no action was taken; regarding Anticipated Litigation, Council provided direction; and regarding Workers' Compensation, council provided direction. Adjournment There being no further business, Mayor Gilmore adjourned the meeting at 6:55 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 June 21, 2011 UNAPPROVED MINUTES OF THE REGULAR CITY C OUNCIL MEETING TUESDAY JUNE 21 201 1 -7:00 P.M. Mayor Gilmore convened the meeting at 7:00 p.m. ROLL CALL Present: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore --5. Absent: None. AGENDA CHANGES (11- )Mayor Gilmore announced that the City Manager Communication on the Animal Shelter Update [paragraph no. 11 1 would be addressed under the Resolution [paragraph no. 1 1 on the 7:01 p.m. meeting. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS (11- )Mayor Gilmore welcomed the new City Manager. Proclamation Declaring June 23, 2011 as Alameda Alliance for Health Day. Mayor read and presented the Proclamation to Ingrid Lamirault, Alameda Alliance for Health. ORAL COMMUNICATIONS NON- AGENDA (11- )Michael John Torrey, Alameda, invited everyone to the American Relay League event this weekend. (11- Kurt Peterson, Alameda, discussed his concern with the budget and requested that the International Association of Fire Fighter resolution [paragraph no. 11- be postponed. (11 Richard Neveln, Oakland, stated. public safety personnel involved in the .crown Memorial Beach drowning should be placed on administrative leave. (11- )Adarn Gillitt, Alameda, discussed the crown Memorial Beach droving. CONSENT CALENDAR Mayor Gilmore announced that Item the Resolution Approving Revised Memorandum of Understanding [paragraph no. 11- was removed from the consent Calendar for discussion. Regular Meeting Alameda City Council June 21, 2011 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, Alameda Reuse and Redevelopment Authority and Community Improvement Commission Meetings held on May 31, 2011; and the Special Joint City Council and Public Utilities Board Meeting and Regular City Council Meeting held on June 7, 2011. Approved. *11- Ratified bills in the amount of $1,814,275.64. *11- Recommendation to Authorize the City Manager to Execute a Joint Use/operating Agreement with the Alameda Unified School District for the operation of the District Swimming Pools. Accepted. *11- R.ecommendation to Award Contract for Legal Advertising for Fiscal Year 2011 1 2. Accepted. 1- Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for Ferry Repair and Resurfacing of the Main Street Ferry Terminal Parking Lot, No. P. W. 05- 11 -14. Accepted. *11- Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for the Cyclic Seger Replacement Project, Phase 9, No. P.W. 03- 11 -05. Accepted. Recommendation to Accept the Work of Weber Tractor service for the Repair of Portland Cement Concrete Sidewalk Curb, Cutter, Driveway, and Minor Street Patching, Fiscal Year 2010 -2011, Phase 11, No. P.W. 06- 10 -14. Accepted. *11- J Recommendation to Adopt a First Amendment to Agreement to Harbor Bay Business Park Association for the Landscape Maintenance Management Contract for the City of Alameda Island City Landscaping and Lighting District 84 -2, Zone 5 Bay Business Park. Accepted. *11 Recommendation to Reject the Bid, Adopt Revised Plans and Specifications and Authorize a New 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. Accepted. *11- Recommendation to Approve a Third Amendment to Agreement for My Transportation, Inc. to operate the City of Alameda Paratransit Shuttle Service. Accepted. *11- J Recommendation to Approve a Regular Meeting Alameda City Council June 21, 2011 Fourth Amendment to Agreement for Welcome 2 Transport Group to Provide Paratransit Taxi Services. Accepted. *11- Recommendation to Authorize the City Manager to Enter into an Agreement with Carducci Landscape Architects to Provide the Design and Project Management Services for the Renovation of Krusi Park in the Amount Not to Exceed $301,250. Accepted. *11- Resolution No. 14574 "Authorizing Acceptance of $25,000 in California Department of Alcoholic Beverage Control Grant Funding to Enhance Existing Alcohol- Related Enforcement." Adopted. 11- Resolution No. 14575 "Approving Revised Memorandum of Understanding (MOU) Between the International Association of Firefighters, Local 589 and the City of Alameda for the Period Commencing January 3, 2010, and Ending June 29, 2013." Adopted. The Human Resources Director gave a brief presentation. Mayor Gilmore inquired whether putting off the MOU would have consequences. Joe Wiley, Chief Negotiator, responded the City would most likely find itself a respondent in an unfair labor practice charge filed by the International Association of Firefighters (lAFF). Mayor Gilmore stated the public feels that they have not had an opportunity to comment throughout negotiations. Mr. Wiley stated the comment period would need to come at the beginning of the bargaining process, not the end; the law does not require the City or a labor organization to provide a comment period. Mayor Gilmore noted Mr. Wiley is the City's labor negotiator and outside legal counsel for the City. Councilrrember deHaan requested further explanation of the 48/95 proposal. Mr. Wiley stated the work schedule would change from one day on and one day off to two days on and four days off; the schedule would be a trail for both parties; either side could stop the proposed work schedule if the schedule does not work; an evaluation would be done at the end of the year. Councilrrember Tam inquired whether the 48/98 schedule and other items in the MOU are part of the list presented in November 2009. Mr. Wiley responded that he does not know without reviewing his notes, stated the 48/90 schedule has been discussed for a considerable length of time. Regular Meeting Alameda City Council 3 June 21, 2011 Speakers Nancy Hird, Alameda Citizen's Task Force (ACT); Noel Folsom, Alameda; Rosemary McNally, Alameda; Gretchen Lipow, ACT; Lester Cabral, Alameda; Adam Gillitt, Alameda; Red Wetherill, Alameda; Corinne Lambden, Alameda; Ashley Jones, Alameda; Kurt Peterson, Alameda; Trish Spencer, Alameda; Jim Sweeney, Alameda; Kevin Kennedy, City Treasurer; Jon Spangler, Alameda; and Kevin Kearney, City Au d ito r. Councilmernber deHaan stated the Council put together a Fiscal Sustainability Committee; an eye opening report was provided in 2009; $4.8 million needed to be saved in last year's budget; one fire station was closed; closing City Hall West was initiated; departments were consolidated; positions were reduced; programs were eliminated; there were no pay increases; the City is still facing a shortfall; the can is being kicked down the road; Council has solved problems by using one time funding; that he still has questions regarding discretionary funds; 30% of the budget will take a hit if nothing is done to change the 70% for public safety; manpower will need to be reduced if concessions are not made; library hours have been cut and more hours may have to be reduced; council cannot continue to window dress the budget; that he supports delaying the MOU and will not support adoption of the resolution. Mayor Gilmore stated the life of the MOU would cost $9,300; contract negotiations began in 2009; a five to ten percent pay cut has never been on the table; items cannot be introduced in negotiations after a certain point of time; nothing has been accomplished in the last eighteen months; other cities have given bargaining units pay raises, but Alameda has not; previous contract costs would still be in full force if the MOU is not approved; costs would be locked in and the city would not be able to take advantage of any savings; going back to the negotiating table might result in more concessions; something needs to be done to solve structural probl.ems; the City and unions have no interest in seeing the City go bankrupt; getting back to the negotiating table might take years if the City goes to war with employees; lawyers would be the only ones that would benefit; the Council has no power to impose pay cuts; a five to ten percent pay cut would be accomplished by cutting bodies, which would require a meet and confer process. Vice Mayor Bonta stated the proposed MOU would make inroads and progress in areas that have not been addressed in the past; the MOU has short term, mid terra, and long- term savings; the spousal retirement health care reform is very significant; $500,000 per year would be saved; Cadillac plans would not be funded by the city; Firefighters have removed the minimal staffing provision scheduled for the November election; the election would have cost the City $300,000 and, if passed, would have cost $4 million per year. Councilmember Tarim stated negotiations have taken a long time; the city needs to have certainty and accuracy in projections and estimates in order to ensure a balanced budget; progress made over the last three months has been significant in giving management some idea of how to look at balancing a budget that seems to have an Regular Meeting Alameda City Council 4 June 21, 2011 increasing deficit because of uncertainties with the state and economy; the MOU represents Council and management respecting the collective bargaining process; that she would support the MOU. Councilmember Johnson stated the May 30 incident [Crown Beach drowning] should be separate from the MOU issue; an outside investigation will be done, facts will be analyzed, and findings will have consequences; the MOU addresses some of the structural financial issues; a new City Manager is on board; the Police and Fire Departments need to be restructured; that she would like to give the new City Manager the opportunity to take a look at the matter; she does not want to delay the MOU unnecessarily; the public feels uncomfortable with not having an opportunity to review the MOU; perhaps the MOU should be put off until the next Council meeting so the public can review provisions and make comments; flattening management has been discussed for years; flattening management does not mean taking away supervisors; reorganization can be done without taking Police officers and Firefighters off the streets or taking away supervision; overtime would go up with minimum staffing; delaying the MOU by two weeks would not hurt the process. In response to Mayor Gilmore's inquiry, the City Manager stated that he is puzzled by the idea of doing the budget first and determining costs later; costs would be locked in by approving the MOU; California law is extremely rigid in terms of labor negotiations regarding what can be public and what can be private; the public needs to be .ab.le to weigh in at the beginning of negotiations; weighing in cannot be done now; that he advises approving the MOU; the 48 hour work schedule would not be locked in; the City or Union may walk away at any time; the City can pull out if the 48.ho.ur.work schedule results in a lot of overtime; in September, the City will conduct a seminar with a panel of labor law and labor negotiation experts; public commentary will be held. for upcoming negotiations; very few Bay Area cities can show a six year time period where public safety personnel has not received pay increases, not even cost of living increases; an arbitrator would look at contracts going back to January 2010 if negotiations. break down and the matter goes to arbitration; basing the landscape on January, 2010 would have very different concessions than today; the outcome may be less advantageous and would be retroactive. Mayor Gilmore stated Council wants to work with employees in partnership; the budget has a significant hole not only this year but in coming years; the best way to tackle the situation is through cooperation with employees; everyone has the same goal of keeping Alameda on strong, stable, and sustainable footing. Councilmember Johnson stated public safety has gone without wage increases for six years; inquired whether the same level of service could be maintained over the next two years if the MOU is approved. The City Manager responded that he can only speak to next year's budget which does not include a reduction in service because the MOU helps offset some of the increases in health care costs; that he cannot guarantee future service levels because no one Regular Meeting Alameda City Council 5 June 21, 2011 knows how long revenues will stay flat. Councilmember Johnson inquired whether there are other ways to make up shortfalls without cutting public service levels. The City Manager responded that he does not know stated that he does not think that cuts will happen next year; the City will have trouble two years out if trends do not change. Councilmember deHaan stated that he has reviewed public safety data for the past twenty years; public safety received 24 pay increases; other bargaining units received 16 pay increases; public safety had. an eight -year contract which is unheard of and averaged a 2.5% increase every six months; when compounding increases over the last twenty years, public safety has had an 118% increase in wages while other bargaining units had a 76% increase, which is a 42% difference; Firefighters post employment benefits increased 300% from 1999 to 2007; the Kaiser health plan rate for an employee plus one dependent increased 70%; that he does not foresee that the -City will be hiring any new public safety employees in the next two years. The City Manager stated every Bay Area city has had a similar pattern over the twenty year period; the last six years has been flat; the next MOU would begin June 2013 if the MOU is approved; the hole in the budget has been twenty years in the making; setting the ship aright will take at least five years. Councilmember deHaan stated that he does not believe the City has five years to correct the course; Council could be sitting here two years from now asking what happened; the issue needs to be addressed immediately. Mayor Gilmore stated steps have been taken; things cannot change overnight; the City Auditor and City Treasurer have stated that the City would be out of money in two years if steps are not taken; every journey starts with a single step. Councilmember Johnson stated AC Transit had a provision in its contract that allowed imposing a Contract, but an arbitrator required AC Transit to get to the bargaining table and negotiate causing; AC Transit to re do its budget; the City voted to change its ordinance setting medical benefits for public safety retirees; an arbitrator required going to the bargaining table to do that; the Council does not have the authority to unilaterally change things; Vallejo went to arbitration a number of times. Councilmember deHaan stated outside employment has been stricken from the MOU but is on the application; the following has been stricken from the MOU: "No employee shall engage in outside employment during his/her regular working hours. No uniform emblem, badge or other employee identification shall be worn by any person while in the employment of someone other than the City. All requests by the employee for permission to engage in outside employment shall be made on a form provided by the City. No employee shall accept or continue employment other than occasional work Regular Meeting Alameda City Council 6 .tune 21, 2011 from other than the City of Alameda without the approval of the City Manager, which may be withheld if such employment constitutes a conflict of interest for the employee or the City or which would interfere with the employee's ability to perform his or her City job said language should remain in the MOU. Mayor Gilmore stated the policy and procedure have not changed. The Human Resources Director stated the policy has not changed; the [application] form includes all the specifics. Mayor Gilmore inquired whether anything has changed, to which the Human Resources Director responded in the negative. Councilmember deHaan inquired whether said language is noted on the application, not the MOU, to which the Human Resources Director responded in the affirmative. Councilmember Tara stated the MOU would take steps toward fiscal sustainability and would bring significant structural changes to the retiree health care program within the confines of labor law; moved adoption of the resolution. Vice Mayor Bonta seconded the motion. Under discussion, Vice Mayor Sonta stated the issue is emotional; everyone wants to work toward collective solutions; tonight's budget discussion will not be the last; Council's job is to ensure the financial health of the City. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Donta, Johnson, Tarn and Mayor Gilmore 4. Noes: Councilmember deHaan 1. Councilmember Johnson stated that she has confidence that the City Manager will guide the City through the process to balance the budget. Mayor Gilmore called a recess at 9:07 p.m. and reconvened the meeting at 1 0:42 p.m. *11- Resolution Understanding Between Alameda for the Period Adopted. the Alameda Commencin g REGULAR AGENDA ITEMS No. -1 -4576 "Approving Amendment to Memorandum of City Employees Association and the City of July 1, 2009, and Ending June 30, 2011. 11 11- Public Hearing to Consider Resolution Flo. 14578 "Approving the Engineer's Report, Confirming Diagram and Assessment, and ordering Levy of Assessments, Regular Meeting Alameda City Council 7 June 21, 2011 Island City Landscaping and Lighting District 84 -2, All Tones." Adopted. The Public Works Coordinator gave a brief presentation. Councilmember deHaan moved adoption of the resolution. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote 5. 11- Public Hearing to Consider Resolution No. 1 4579, "Approving the Engineer's Report, Confirming Diagram and Assessment, and ordering Levy of Assessments, Maintenance Assessment District 01 -0 1 (Marina Cove)." Adopted. The Public Works Coordinator gave a brief presentation. Councilmember deHaan moved adoption of the resolution. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote 5. (11 Public Hearing to Consider Approval of Tentative Parcel Map 10006 to Create Four Parcels at 2601 to 2901 Harbor Bay Parkway. Continued to July 5, 2011. CITY MANAGER COMMUNICATIONS (11- )Presentation of Public Outreach Plan for the Lawrence Berkeley National Laboratory Second Campus at Alameda Point The Deputy City Manager provided a handout and gave a brief presentation. Mayor Gilmore suggested putting signs at the libraries and the Community Development Department. Councilmember deHaan suggested using the two telephone poles across Ralph Appezzato Way to hang a banner. Councilmember Tarn inquired what the turn out has been at the thirteen community meetings, to which the Deputy City Manager responded the number varies depending upon the type of event. Councilmember Tam suggested contacting educational groups, such as the Alameda Education Foundation, which was very active in the Measure A campaign. The Deputy City Manager stated that she would contact the Foundation. Vice Mayor Bonta stated now is the time for the community to show support and Regular Meeting Alameda City Council .8 June 21, 2011 express excitement. The City Manager thanked the Deputy City Manager for working so diligently on the project; stated Alameda can deliver and demonstrate a unified public. (11- )Animal Shelter Update Addressed under the Resolution on the Special City Council meeting [paragraph no. 11- ORAL COMMUNICATIONS NON- AGENDA None. COUNCIL REFERRALS 11- Provide Direction on a Committee Formed to Focus on Alameda's Participation in the America's Cup in 2013. Vice Mayor Bonta gave a brief presentation. In response to Mayor Gilmore's request, Vice Mayor Bonta stated the committee would include experts in the boating industry, marinas, and hospitality and event planning. Speaker: Jinn Oddie, Alameda. Councilmember Johnson stated that she agrees that there should be a committee; in the past, Councilmembers have nominated members to a committee; the same process should be followed. Councilmember Tam stated Howard Ashcraft organized a committee and provided updates to Council when the community wanted to submit an application for Google; Council did not appoint committee members. Councilmember Johnson stated said committee was not a City committee; each Councilmember should have a representative if the committee is an Ad Hoc Committee. Councilmember Tam stated the scope should be clear if a City Ad Hoc Committee is formed versus just assigning people. Councilmember deHaan stated last year, the former Economic Development Director was directed to take the lead; other individuals got involved; that he is concerned with Council getting involved with who should be on the committee; staff should come back to Council with names. Mayor Gilmore stated Alameda is a little bit behind in terms of tinning; that she does not Regular Meeting Alameda City Council g June 21, 2011 see the need to appoint people to the committee; people have self selected in terms of enthusiasm, interest, and knowledge; the group would not be closed; anyone could join; suggested that staff provide Council with a list of people; council could appoint one person to report back at regular intervals. The Assistant city Manager suggested corning back every four to six weeks via city Manager Communications. The City Manager stated that he had a conversation with San Francisco Mayor Ed Lee regarding the American's Cup and Alameda's desire to participate; Mayor Lee has three different committees covering different aspects; the conversation in terms of Alameda's participation was very warmly received; different teams will need to be staged at different locations; Mayor Lee felt that Alameda was a natural player. Councilmember Johnson suggested having a link to the Alameda waterfront website The Assistant city Manager stated the city's home page has an announcement regarding the America's Cup with a link. Councilmember Johnson stated the city's website should provide information on how to joint the committee and when meetings would be held. Vice Mayor Bonta stated meetings would be publically noticed; that he would circulate a full roster of members and affiliations; he would be happy to be the Council representative and serve as the Co -chair along with Chris Siewald. Councilmember Johnson inquired whether anybody could volunteer to be on the committee. Vice Mayor Bonta responded allowing anybody to volunteer might be too broad; having targeted segments of the community represented would be good; meetings would be open. Councilmember Tara inquired whether staff would do the noticing, to which Vice Mayor Bonta responded that he would like staff to do the noticing. Councilmember Johnson moved approval of formalizing the subcommittee. Councilmember Tam seconded the motion, which carried by unanimous voice vote 5. COUNCIL COMMUNICATIONS 11- consideration of Mayor's Nominations for Appointments to the civil Service Board, commission on Disability Issues, Housing commission, Library Board, Planning Board, Public Utilities Board (PUB), Recreation and Park Commission, Social Service Human Relations Board (SSHRB), and Youth Advisory Commission; and consideration Regular Meeting Alameda city council 10 June 21, 201 of Mayor's Appointment to the Rent Review Advisory Committee. Mayor Gilmore nominated Peter Horikoshi and Linda McHugh to the Civil Service Board; Susan T. Deutsch, Steve R. Fort, Kelly Harp, Leslie A. Krongold, and Audrey Lord Hausman to the Commission on Disability Issues; Cullen L. Jones to the Housing Commission; Michael B. Hartigan and Gail Wetzork to the Library Board; Authur Autorino and Marilyn Bzzy Ashcraft to the Planning Board; Gregory L. Hamm to the PUB; Lola Brown and Gina Mariani to the Recreation and Park Commission; Cathy Nielsen and Henry Villareal to the SSHRB; and Jeanette Mei to the Youth Advisory Commission. (11- )Written Communication from the League of California Cities Requesting Designation of a Voting Delegate for the 2011 Annual Conference. Councilrnember Johnson moved approval of designating Councillmernber Tam as the voting delegate; and Vice Mayor Bonta and Councilmember deHaan as the alternates. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote 5. There being no further business, Mayor Gilmore adjourned the meeting at 11:20 p.m. Respectfully submitted, Lara weisiger City Clerk This meeting was posted in accordance with the Brown Act. Regular Meeting Alameda city council June 21, 2011 UNAPPROVED MINUTES OF THE SPE CITY COUNCIL MEET ING TUESDAY- -JUNE 21 -7:01 P.M. Mayor Gilmore convened the meeting at 0 :22 p.m. ROLL CALL Present: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore 5. Absent: None. ORAL COMMUNICATIONS NON- AGENDA (11 -335) Brad Wick, Alameda Towne Center General Manager, stated the name of the Center would be restored to South Shore Shopping Center. (11 -336) Janet Gibson discussed the Crown Beach incident. AGENDA ITEM (1 1-337) Resolution No. 14577, "Approving the Memorandum of Understanding Among the City of Alameda, the Humane Society of Alameda, and the Friends of the Alameda Animal Shelter Regarding the Future operation of the Shelter." Adopted. The Assistant City Manager and Police Chief gave a brief presentation. Spea kers: Tom Hyland, Save our Shelter (SOS); Suzanne Renner, Alameda; Janet Davis, Alameda; Nancy Bianchi, Friends of the Alameda Animal Shelter (FAAS); Holly Schmalenberger- Haugen, Humane Society of Alameda; Brian Berg, Alameda; Gesine Lohr, Alameda; Annie Choy, Mikaila Baskin, and Rachel Menendez, .Alameda High School Humane Society Club; Len Grzanka, Alameda (submitted comments); Jean Richter, Alameda; Bonnie Peterum, Rosemary McNally, Alameda; Chris Allan, Alameda; Jon Spangler, Alameda; Robb Ratto, Park street Business Association; and Trish Spencer, Alameda. The Police Chief stated on May 31 staff proposed outsourcing services to another jurisdiction; closing the shelter was never discussed; the current proposal would provide an opportunity for the Police Department to work with groups to establish a sustainable, non profit organization that would have a vision of how the Animal Shelter should run. Mayor Gilmore requested information regarding removing the Animal Shelter from the Police Department and placing it in another department. The Police Chief stated the Police Department does not run the Animal shelter, but provides management oversight, which is a small portion of the overall budget; Special Meeting Alameda City Council June 21, 2011 removing the Animal Shelter from the Police Department would still result in the same fixed costs. The Assistant City Manager stated the Animal Shelter would still be a General Fund operation. Mayor Gilmore stated council has often discussed moving toward establishing public /private partnerships; the proposal would be a win win for everyone. The City Manager stated the Animal Shelter would not be the last public service confronting a different model going forward; everyone needs to work together. Councilmen ber Johnson stated one speaker mentioned the Warmington Project; the idea was to build extra shelter capacity to help off set operating costs and offer services to other cities to take animals. Bice Mayor Bonta moved adoption of the resolution. Councilmember deHaan seconded the motion with a caveat [to not use bequest money for the four month bridge]. Under discussion, in response, to Councilmember deHaan's inquiry, the Assistant City Manager stated the non profit idea was not part of the May 31' discussions when staff proposed outsourcing with another community and holding back two Animal control positions; now, staff is looking at using bridge funding for four months; having the City run the shelter is expensive because of unionized labor; a non profit can determine salaries and operations would be a lot cheaper than the city. Councilmember deHaan inquired how much is the bequest money, to which the Police Chief responded $327,495. Councilmember deHaan stated that his second to the motion stands as long as the bequest money is not used for the four month bridge. The Assistant City Manager stated the money .in next year's budget is not sufficient for four months of operation. Councilmember Johnson inquired whether there is another alternative for gap funding, to which the Assistant City Manage responded the only alternative would be to hold Police officer positions vacant. In response to Councilmember Johnson's inquiry, the Police Chief stated currently, four Police officer positions are being held; a fifth position could be held; seed money would be available one way or another. Vice Mayor Bonta stated that he would keep his motion as is. Special Meeting Alameda City Council 2 June 21, 2011 Councilmember Johnson stated that she would second the motion as is. The Assistant City Manager stated there would be 88 sworn positions, which would be down from 927 one more position could be held. Councilmember Johnson stated that she would be nervous going below 88 positions. In response to Councilmember deHaan's inquiry, the Police Chief stated the bequest money needs to be used for the operation of the shelter. Councilmember Johnson stated that she would second the motion if hiring an officer was delayed a month. Councilmember deHaan stated that he would like to see some seed money for the non- profit. The City Manager stated staff would negotiate terms; that he does not advise beginning negotiations now. Councilmember deHaan stated that his second to the motion holds if seed. money is considered Councilmember Tam stated the agreement already has provisions for the City to provide fiscal support; either way, the City would provide funding. The City Manager stated Section A -d of the Memorandum of Understanding (MOU) states the objective of the cooperative agreement would be to define the City's ability to provide a portion of fiscal support to the non profit organization. Councilmember Johnson stated good faith efforts are being made on both sides; inquired whether Councilmember deHaan's second still stands. Councilmember deHaan responded as long as the funding is in consideration his second stands. Vice Mayor Bonta stated the funding is inherently in consideration because of the terms of the MOU; that he does want to accept any friendly amendments to the motion for anything broader than what is in the MOU. Councilmember deHaan stated that he seconded to motion. Councilmember Tarry inquired whether Councilmember deHaan's second included conditions, to which Councilmember deHaan responded in the negative. Councilmember deHaan stated the bequest money was not part of the last discussion. Special Meeting Alameda City Council 3 June 21, 2011 The Assistant city Manager stated the MOU notes that the City would agree to utilize Shelter donations and money from the Police Department's operating budget to fund the Shelter operation until November 1, 2011; the situation has been fluid. Vice Mayor Bonta stated that he is supportive of the approach going forward; achieving the goal in four months will be difficult but can be done with collective commitment; having a sense of urgency going forward is important. On the call for the question, the motion carried by unanimous voice vote 5. ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 10:37 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 4 June 21, 2011 CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Fred Marsh Controller Date: June 30, 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 238976 239306(Vendor Checks) $2,025,794.77 EFT1042 EFT1047(Vendor Wire Transfers) $1 Void Checks: 207731 ($128.00) 159144 ($1 161070 ($737.64) 201347 ($126,51) 201938 ($4.95) 203677 ($98.95) 204369 ($150.00) 206351 ($1,368.90) 237637 ($31,566-85) 237638 ($31,566-85) 237639 ($47,350.28) 205541 ($5.00) GRAND TOTAL $3,359,712.50 Respectfully submitted, Controller %Ole, BILLS #5 -B Council Warrants 07/05/11 7/5/2011 H r-I N r� E-+ O Ln r-i Nw0 OONdiONOw m r- mNOM mmN ONor- mor-d+ Nr I!S'IHr- odiMm i to O 0 Ln N oo N 0000 0v 0 w Q1w O D U 0MOw'd+d'Ln 0 c4 r- 0 �7 H p w M Ln o wt- r- mHNm 4 -i r-i rr -oor4o u�Mrn ON0 vC d�,� ��������0or -r�OLn r-i q O w 000 cN wNLnLnLnr- lc4 r d+ r r-i r-i r-i o r-i o Ln o ODOvrn�,Or-I or- In0M0000 rn W r d i M d w N N N N H N w ,-I M w N M OD r-I M 124 rx M r w r M U) 0 LC] Nr- o NM d+ (n WAC] r-I N r-I r N Lr) H N H x wU0 F::4WU a >9 I I I I I I 1 CO Cl) z a a 0 Ln GO OD H H H H H H H a CA a a U] O a HHP4 H H I �D 00 0000000 Cncl) W >CQW> C4 m H m 04134 04 04124134 uP4P4 uP� U 04 H uu uuuuuuu f24 Paf�fWaa Pi P4 >WW>-1 >W�+ �H �H M Z a 41 ��4g�4g WW CncnCnHcnu�H E- PH E- PPHE PE- E-qP w m a H a 0 Cf)CnU]U]U}U] H H HHHHHHHHHHHH A RI �D w r14 0:4 0:4 DC4 D4 D4 F24 x cm) uuUuuu uuuuuuuuuuUu C7 I a +�d, i�e�,44 aa1 -Iaaa uu HHHHHHH HHHHHHHHHHHH `Z, H A w uu r-Ar --i r- ir- Ir- ir- Ir- Ir -Ir-i ^4 HHHHHHH HNNNHNHHNNNN H I >i `x, r r r-I r r-Ir-Ir-lr-Ir-I HHHHHH aR. uUUUUUU uuuUuuuuuUuu x I QI w U mnnQAA Cntn wwwwwww wwwwwwwwwwww 0 1 0 w ww wwwwwww wwwwww HH 0000000 00000► 0000000 H I U Pi 00 0000000 x2x 2 AA wwwwwww WWWWWWWWWWWW a 0 0 O r-I r-i H H H H H H H 000000 Oovoo 00 000000000000 0. 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Russo Cit Mana Date: Jul 5, 2011 Re: Approve an A with Holl Kni in the Amount of $144,000 for Federal Le Advocac Services In June 2004, the Cit retained the services of Ho l a nd Kni (H +K} to provide fe le and re advocac services. The. current. a with H+K expires at the end of June. The proposed new a which would cover the period from Jul 1, 2011 until June 30, 2012, is on file in the Cit Clerk's Office. DISCUSSION Shortl after the 2010 Con elections, the. Ho.use..and Senate voted. .to ba .the practice of insertin Member-supported.e.arma.r.k in.the v a rious appropriations bill In this post-earmark environment, H +K .has re is .its le advocac strate for the Cit to focus on competitive g rants .and pro fundin The attached Cit of Alameda Federal Strate Memo provides Ofor.mati.on. on how the. fi w ill assist th Cit in Washin in the future as well as a summar of its past le successes.. FINANCIAL IMPACT When the Cit initiall contracted with H+K, the rate was $10,000 per mo That amount was reduced to $8,000 per month in Novemb.er. An additional $4,000 per month was added to the contract in Januar 2011 in order.to provide tar support on Alameda Point. The total contract cost -is. now $12, per month, for a total of $1441000. $96,000 is included in the .'Cit Council's Int Relations pro bud in the General.Fund (001-.121.1-610.60) i FY11-12, while $48,000 is included in the FISC Lease.Revenue bud (256-25.6000-61060) in FY1 1-12. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. Cit Council A Item #5-C 07-05-11 Honorable Mayor and Members of the City council July 5, 2 Page 2 of 2 Approve an agreement with Holland and Knight, LLP, in the amount of $1 44,000 for federal legislative advocacy services. Respectfully submitted, Lisa Goldman Assistant city Manager Approved as to funds and account, i Fred Marsh Controller Exhibits. 1 Holland Knight Federal strategy Memo 2. Agreement with Holland Knight Cit of Alameda Federal Strate Memo Navigating a New Washington In a post earmark environment, the Holland Knight team is dedicated to ensuring that the city of Alameda will continue to be successful in a highly competitive .environment. We recognize that accomplishing the city's priorities will require a thoughtful, targeted and creative blend of Federal grants, policy guidance, congressional advocacy and agency partnerships. we are proud of the work that we have been able to accomplish on behalf of the city since 2003 and we are confident that we can .continue to deliver positive outcomes for the city. our team has developed a multi- layered strategy that positions the City to advance base re -use efforts, secure funding for ongoing and new priorities and proceed with critical infrastructure investments. To achieve the city's top priorities as outlined in this memorandum .we envision raising the Mayor's profile in Washington. Mayor Gilmore's trip to Washington in January helped to lay a foundation for continuing the good relationships that the.City has. with the Congressional delegation. In particular these relationships will be key as the city moves more aggressively on base reuse issues. In May, the Mayor met with the Navy, and our Federal strategy will be further shaped by the outcome of this meeting. Advance the revitalization of Alameda Point Based on our experience with base closures, transfer and conveyance matters, even the smallest of issues will require Outside assistance. Negotiating MOU's and final agreements with the Navy will encounter both political and.. institutional dynamics. For example, one of the first things the city will need to resolve with. the Navy are the statutory provisions which will govern terms of the agreement between the city and Navy. This process will entail Alameda Point special legislation, new EDC provisions from the. FY 2010 National Defense Authorization Act (NDAA) or some blending of the two. Our work in assisting jurisdictions negotiate several base closure rerrediation and revitalization projects, and in securing the Alameda Point special legislation and FY 2010 NDAA EDC provisions, will provide the depth of experience and expertise to as the city in maneuvering through the congressional and agency decision process. Furthermore, successful base reuse efforts require a constant presence in Washington and the ability to apply political pressure as appropriate. we have a proven track record for orchestrating strategic paths forward within the Pentagon. Invest in Alameda Landing Over the last two fiscal years we have built a solid foundation of congressional support for infrastructure investments at Alameda Landing. Traditionally funds for these activities could be accessed through the office of Economic Adjustment which is charged with helping BRAC communities. In an earmark free environment we will look to competitive grant opportunities as well as working with our .congressional supporters City council Exhibit I to Agenda Item #5-C o7 -o -11 to provide programmatic funding for oEA to continue their infrastructure work. This new approach will require support beyond .the city's delegation and will involve building a coalition of other similarly situated BRAC communities. Like we have done with EBRCS, we have the ability to build coalitions in Washington to support local efforts. A new focus on Federal grants Going forward, the Federal grant process will serve as an important and growing tool for directing Federal dollars towards important projects. and programs. Accompanying this trend are new requirements and procedures for accessing these resources, such as cost benefit requirements and Buy America provisions. We understand the policy g oals for each .grant program and how to optimize chances for funding .when developing grant proposals. Additionally, we work to secure congressional. support for grant applications and develop advocacy strategies at the agencies to increase chances of securing funding. To assist the City in grant efforts ire have developed an interactive Federal Funding Roadrnap. The Roadmap is a comprehensive database that tracks priority grants and federal funding opportunities coming .from the executive. branch. The database. enables the city to search with key words .through important federal funding requirements and connects you directly to online program .descriptions and announcements.. A .team of 40 H &K professionals continuously track and research available agency funds to. ensure no lost opportunity. our substantive expertise combined with the new. Roadrnap will maximize your ability to obtain federal funding for critical projects and programs this year. Identifying the right funding opportunity is .the first step; however, grant programs are expected to be more.robust and political in nature. For that reason, it is important to develop a comprehensive campaign -like strategy.that lea.ve.s no. stone unturned. The new process cannot successfully .be .negotiated from .inside the.board room :or city Hall. While the federal funding reforms in. .recent t years are. Welcome and .necessary, they also have the unintended impact of reducing sunshine and predictability. To be successful the city will need an advocate that understands agency goals, can match projects with key opportunities, and can organize political, media, and advocacy firepower at a moments notice. For example, the era of.tasking in -house grants staff with completing agency funding applications and simply hitting "send" with a realistic chance of success is over. We have the expertise to assist the city by: Gathering intelligence on agency priorities; Tailoring grant applications to appeal to agency agendas; Providing subject matter expertise; Collecting congressional and other political support; Leveraging local partnerships; Building coalitions; and, Executing media strategies. 2 Current and emerging Alameda Federal priorities Each fall we .sit down with the city for a comprehensive Federal strategy session. These meetings help to identify new opportunities, reengage on long -terns projects and discuss trends in Washington. At any given point in the year new priorities may emerge and regularly adjust our strategy. We help the city to prioritize .both long and short terra goals and balance policy and funding requests. This approach communicates to y our stakeholders in congress that you understand how Washington works and that you are bringing them just your top priorities. Given the size of a state like California, having your priorities in order is key. The list below represents both ongoing and new priorities for the city. City Priority Federal Agency strategic Direction Status and /or office Alameda Point Department of Apply to OEA for Early efforts have Planning Defense /Office of planning grant and been initiated Technical Economic coordinate with bath local including a Assistance Adjustment and Washington OEA meeting with officials Mayer Gilmore and the Director of G EA Alameda Point Department of Develop strategic vision Early stages of Conveyance Defense /Navy at the local level .and development Negotiations work towards the goal of engaging the secretary of the Navy Alameda Point Department of Advocate for the inclusion House Policy Direction Defense /Navy of policy language. in the appropriations Agency annual appropriations laguage Guidance and /or authorization bills requests due .in to aid in negotiations with lay. Similar the Navy Senate requests TB D Alameda Landing Department of Advocate for House Infrastructure Defense /office of congressional delegation appropriations Improvements /D Economic to support programmatic language emolition Adjustment and/or funding for an OEA requests due in Department of infrastructure grant May Similar Commerce /Economi program and /or build senate requests c Development regional coalition to apply TBD. Administration for EDA funding Next round of EDA applications due June 1 o 3 Bay Farm Island US Army corps of Maintain involvement with Past Seawall Engineers corps district, division appropriations and Head Quavers staff language has to finalize study and keep designated this funding on track. project as a Projects.without active corps priority local and congressional sponsors do not advance East Bay Department of continue local coalition NOFA's for new Regional Justice /Office of efforts to .leverage federal grant Communications community oriented partnerships and apply opportunities System Policing and for new.g rant forthcoming Department of opportunities Homeland security Urban Farm Department of fleet with USDA New grant Agriculture regarding federal opportunity pa rtn ersh i .opportunities and funding initiatives TIGER III Department of Develop surface New grant Transportation transportation proposal of opportunity, regional significance to NoFA address Most pressing forthcoming transportation needs Alameda Department of Identify funding source New grant Collaborative Housing and Urban for design phase, meet opportunity Development /Depart with HUD, DoL and/or ment of CIA Labor /Department of Veterans Affairs Former Beltline Department of outreach FRA New grant Railroad Property Transportation /Fede regarding the opportunity ral Railroad abandonment process Administration Surface Department of Maintain congressional congress is Transportation Transportation support for Fruitvale preparing to Reauthorization Avenue .Lifeline Bridge, release their bills Bay Farm off- street Bicycle Trail, Broadway /Jackson Interchange Improvements, and Mitchell- closely Lawrence Department of TB D TB D Berkley Labs Energy 4 Overview of Federal Accomplishments Past city efforts have resulted in numerous funding and policy successes at the Federal level. These accomplishments, which were achieved through a thoughtful and well executed long -terra federal strategy, are highlighted below: Pant Street Secures Final Piece of Federal Funds Most notably, the fiscal year 2010 appropriations bill delivered the last piece of Federal funding for the Park street Pedestrian Safety Transportation project. Park Street has been a priority project for the city _for the last six appropriations cycles and represents a good example of why a successful Washington presence involves a long -terra strategy. Bay Farm island Project Scheduled to Receive corps Funding Through congressional and agency coordination the Bay Farm Island shoreline Dike Seawall repair project was identified in the US Array Corps of Engineers (Corps) budget. This project falls under the corps Continuing Authorities Program (CAP) which requires congressional approval to be included on thy. Corps priority funding list. The demand for CAP funding far exceeds the annual budget for OAPs and as the city experienced, it often takes several years of being "listed in the annual Energy Water Appropriations bill before a project is included in the. Corps list for CAP funding. The Bay Farm Island project has: received critical study funding which is a requirement before the corps can move forward with any construction activities. city's EBRCS Leadership Gains Momentum in Washington In addition, the leadership role the city has undertaken on behalf of the Bast Bay Regional communications system continues to gain Federal support. This regional effort has been embraced by the congressional delegation and the city has been recognized for spearheading this successful coalition. During the Mayor's annual trip to Washington in January, the city secured a high level meeting at the Department of Justice for its BBRCS partners. APPROPRIATIONS PROJECT SUCCESS FY05 -FYI 1 Park Street Pedestrian Safety Transportation Improvements FY10: $300,000 in the House Transportation-HUD Appropriations conference report (P.L. 111 --117) FY09: $475,000 in the Transportation -HUD Appropriations conference report (P.L. 111 -8) FY08: $490,000 in the Transportation -HUD Appropriations conference report (P.L. 110 -101) FY07: $300,000 in House Transportation- Treasury -HUD Appropriations bill* FY06: $700,000 in the Transportation Treasury -HUD Appropriations conference report (P.L. 109 -115) 9 Alameda Joint Arlal Transit Project FY04: $500,000 in the Transportation- Treasury Appropriations conference report (P.L. 108 -199) Bay Farm island Shoreline hike Seawall Repair FY10: Received a project listing in Energy Water Appropriations conference report (P.L. 111 -85) and is identified for $150,000 in the Corps budget FY09: Received a project listing in Energy Water Appropriations conference report (P.L. 111 -8) FY07: Received a project listing in the Senate Energy Water Appropriations bill* Woodstock to Webster Neighborhood improvement Plan FY07: $100,000 in House Transportation --HUD Appropriations bill* Fast Bay Regional Communications System FY11: $950,000 in the House Commerce- Justice- Science Appropriations bill and $1 M in the Senate Commerce- Justice- Science.Appropriations* FY10: $1.05M in the Commerce- Justice Science Appropriations conference report (P.L. 111 -117) FY09: $1.17M in the Commerce- Justice Science Appropriations conference report (P.L. 111 -8) Alameda Lancing, Fleet Industrial supply Center Infrastructure Improvements FY11: $4M in the House Department of Defense Appropriations bill* Final year -long CR for FY07 and FY11 did not Include any project earmarks Food and Drug Administration In the FY08 House Agriculture Appropriations bill, we advocated to block a plan by the Food and Drug Administration (FDA) to consolidate several of their office of Regulatory Affairs laboratories. This plan would have serious and immediate impacts for the city as the FDA's San Francisco District Lab is located In Alameda. Blocking this plan represents an important grin for the city of Alameda and a validation of the important work that is being performed in the San Francisco District Lab. Authorizations The authorization process is another good opportunity for the city to advance its agenda at the federal level. Authorization bills provide an opportunity for the city to 6 secure helpful legislative language for a particular priority, or in the case of the surface transportation bill, secure funding for critical transportation infrastructure. During the consideration of SAFETEA -LU (2003 to 2005), the City was able to advance two key priorities as outlined below. SAFETEA -LU (P.L. 199 -59) Secured authorizations and funding for the city's top transportation priorities in the final bill: $'1.672 million for planning, design, and construction intermodal facility project (FY06 -FY09) FY06: $384,560 FY07: $40'1,280 FY08: $434,720 FY09 9 $451 ,440 New Starts Authorization for the city's Fixed Guideway corridor project The water Resources Development Act (WRDA) provides authorizations for projects such as flood protection, environmental restoration, operations and maintenance of waterways and other projects associated with US Array Corps of Engineers. The RDA 2007 bill helped to advance two key priorities for the city. Water Resources Development Act 2007 (P.L. 19 -114) Secured authorizations for the city's top water related priorities: conveyance of the Oakland Inner Harbor Tidal canal property from the Us Array Corps of Engineers (Corps) to an entity created by or designated by the city and; Requiring the corps to conduct a study of the Fruitvale Bridge to determine the most economic means of maintaining the bridge for future transportation options. Recognizing the important role of public housing to the city, we actively monitor housing policy issues and serve a federal liaison to the US Department of Housing and Urban Development (HUD). Through our representation, we have secured a total of $1,101,471 owed to the Authority by HUD: 7 $636,161 in 2004 $466,310 in Zoo? The 2004 funds were especially significant as they prevented 108 families from being cut from the Section 8 program. 0 CONSULTANT AGREEMENT THIS AGREEMENT, entered into this I st day of July, 2011, by and between CITY OF ALA MEDA, a municipal corporation (hereinafter referred to as "City and Holland I Knight, LLP, a Washington D.C. corporation, whose address is 2099 Pennsylvania Avenue NW, Suite 100, Washington D.C. 20006 -6801, hereinafter referred to as "Consultant is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing 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 skill, 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 federal advocacy services upon the terms and conditions herein. Now, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1, TER-NI: The term of this Agreement shall commence on the I st day of Jul 2011, and shall terminate on the 0th day of June, 2012, unless terminated earlier as set forth herein. SERVICES TO RE PERFORMED Consultant shall perform each and every service set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit "B," which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, $96,000 of which will be taken from the City`s General Fund and $44,000 of which will be taken from. the FISC Fund. 4. TIME IS OF TI-IE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Cit Counc A Item #5- 07-05-11 Agreement. S STANDARD OF CARE Consultant agrees to perform all services hereunder in a manner commensurate 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 with City. 6. INDEPENDENT PARTIES City and Consultant intend that the relationship between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, une nplovment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made far any state or federal taxes, FICA. payments, PERS payments, or other purposes normally associated with an employer- employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. IMMIGkAXION REFORM AND CONTROL ACT IRCA Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his /her employees performing work hereunder, pursuant to all applicable IRCA. or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability costs or expenses arising from any noncompliance of this provision by Consultant. 7. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex., age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement, 8. HOLD HARMLESS: Indemnification 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 coimected to 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 lndemnitees which allege negligence on behalf of the Consultant, Consultant shall have no right of reimbursement against Inde mnitees for the costs of defense even if negligence is not found on the part of Consultant. However, Consultant shall not be Obligated to indemniAT Indemnitees from Claims arising from the sole or active negligence or willful misconduct of Indernnitees. Indemnification For Claims for Professional Liability: As to Claims for professional liability only, Consultant's obligation to defend Indem.nitees (as set forth above) is limited to the extent to which its professional liability insurance policy will provide such defense costs. 9. INSURANCE: On or before the commencement of the terra of this Agreement, Consultant shall ftimish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs IOA, 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) clays` advance written notice to the City of Alameda by certified mail, Attention: Risk Manager." It is agreed that Consultant shall maintain in force at all times during the 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' Compensation: Statutory coverage as required by the State of California. Liao Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence 1,000,000 aggregate all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1 ,000,000 will be considered equivalent to the required minimum limits shown above. (3 Automotive Comprehensive automotive liability cover age in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $1 00,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4 Professional Liability Professional liability insurance which includes coverage for the professional acts, errors and .o mi ssions of Consultant in the amount of at least $1,000,000, B. SUBROGATION WAIVER Consultant agrees that in the event of loss due to any of the perils for which het 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 time 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 by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED 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 this 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 named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF 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 may be required to fill out a conflict 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. Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be nu 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 C ity by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Con sultant, or of the interest of any general partner or j pint ventu or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 or more of the voting power of the corp oration. 1�� Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this A Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shah also be required to carr y 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 during the term of this Agreement. all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the per formance of services hereunder. 14. REPORTS: A.. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report reproduced, prepared or caused to be prepared ley. Consultant pursuant to or in connection with this Agreement, shall be the exclusive prop of City. p Consultant shall not copyright any Report required by this Aueement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the proper of C ity, and all publication rights are reserved to City. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and /or (4) other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one ori which shall be single sided. E. No Report, information, or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall maintain complete and accurate records with respect to sales, 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 accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and .records to the representatives of City or its designees at all proper times, and gives City the right 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 kept separate from other documents and records and shall be maintained for a period of three (3)) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's prelimina v examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good fait., then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 16. DO'T'ES All notices, de nands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States 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: Citv of Alameda W 2263) Santa Clara .Avenue Alameda CA 945 01 Attention: Lisa Goldman, City Manager's Office All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Rich Gold Holland Knight, LL:P 2099 Pennsylvania Avenue NW, suite 100 Washington DC, 20006 -6801 17. TERMINATION In the event Consultant fails or refuses to perform any of the provisions 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 period of two 2 days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof, City shall. have the option, at its sole discretion and without cause, of terminating this Agreement by giving, seven days' prior written notice to Consultant as provided herein, upon termination of this Agreement, each party shall pay to the other party .that portion of compensation specified in this .Agreement that is earned and unpaid prior to the effective date of termination. 18. COMPLIANCES Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 19. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by 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 subject to 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. ?0 ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lith0graphs, posters or cards of any find pertaining to the services performed tinder this Agreement unless prior written approval has been secured from City to do otherwise. 2 1. WAIVER: A waiver by City 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. 22. 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. 22. 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 make such insertion on application by either party. ?3. CAPTIONS: The captions in this Agreement are for conven onl are not a part of the Agreement and in no way affect, unlit or amplify the terms or provisions of this Agreement. 24. SON- A.PPRO RIATION/DEBT LIMITATIO In the event City is unable to obtain funding upon this contr for a portion of the contractual term that straddles two fiscal years, City shall have the right to terminate this contract at the conclusion of the current fiscal year and shall not be obligated to continue performance under this agreement. To the extent any remedy in this agreement may conflict with Article Xvl of the California Constitution or any other debt limitation provision of California law applicable to County, 'Contractor hereby expressly and irrevocably waives its right to such rernedv, I WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONSULTANT Holland Kni ght, LLP ���6. B Title f CCTV OF ALAMEDA A Municipal Corporation BY: John A. Russo Title: City Manager RECOMMENDED FOR APPROVAL: By: Lisa Goldman Title: Assistant City Manager APPROVED A City Attorney,,, By S TO FORM: Title a i SCOFF of SERVICES 1. In coordination with the City Manager's office for the City of Alameda. advise the .City of Alameda on potential federal funding that the City or the Alameda Reuse and Redevelopment Authority (ARIA) could seek for implementation of redevelopment at Alameda Point or other locations within the City of Alameda. which may include, but is not limited to, technology improvements for public safety; transportation planning; transit, roadwaNr, and pedestrian improvements; streetseape projects; the renovation of historic municipal buildings such as the Carnegie Building, the veterans' Buil ding, the "O" Club, gvrn and pool at Alameda Point; and aid in appropriation of such funding. In addition, Holland Knight will assist City efforts to restore federal funding for the City's Section 8 and CDBG programs and other housing related issues. 2, Prepare a written report that sets forth, in reasonable detail, the comprehensive lobbying strategy necessary to achieve the funding goals set forth in Section 1 above. Such written report shall, among other provisions, identify anv unique issues /attributes that relate to the City of Alameda that could affect the likelihood /success of achieving the funding goals set forth in Section 1 above. Such report shall be updated quarterly during the relationship. Obtain information and data from the. state and federal government on matters of interest to the City of Alameda that relate to the goals set forth in Section i above. 4. .Advise the City of Alameda concerning any matters that may be of interest to the City of Alameda with respect to the goals set forth in Section f above. S Secure and furnish such detailed information as may be available that relates to the goals set forth in Section 1 above. 6. Assist and educate City of Alameda$ AR.RA's federal and state legislative delegation with respect to the goals set forth in Section 1 above. 7, Provide non -legal advice to the City of Alameda City Manager's office regarding appearances by City of Alameda, /AR.RA officials and staff before federal and state agencies relating to the goals set forth in Section 1 above. 8. Arrange appointments as directed by the City Manager as necessary with state and federal legislative or administrative representatives and Clt of Alameda /ARR_A representatives as requested relating to the goals set forth .in Section 1 above. COMPENSATION FOR SERVICES Consultant shall be compensated for the services performed as set forth in Exhibit A in an amount not to exceed $144,000, paid in 12 e monthl installments, Consultant shall submit monthly invoices not to exceed $12,000 per month. Invoices to be provided to the Cit Mana Office within 10 da of start of month for previous month's work. S DATE {IViMI©DIYYYY} CERTIFICATE INSURANCE D I Ma HOLLA -4 07J2 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown Brown of Florida, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0 Box 15519 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Tampa FL 336845519 Phone: 813 226 --1300 Fax:813- -226 --1313 i INSURERS AFFORDING COVERAGE NAIC INSURED Holland Knight LLP INSURER A Federal Insurance Co 202 M v Holland Knight Charitable INSURER B, Sentry Foundation Inc. _.Insurance Fed A.ttn Melinda Holder INSURER C; .Ins Co /Chic Cas 20281 100 North Tam Street St 4100 Tampa FL 3360 I N SURER D' Great Northern In surance 20303 i I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERNS OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR SAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. f4SR LTR 1NSRD TYPE OF INSURANCE i POLICY NUMBER P CY 5CY EFFEG L�gQLICY EXPIRATiQN DATE MM10I7IYYYY ©ATE MNU ©�]�YYYY LIMITS I ;GEN ERAL LI ABILITY j EACH OCCURRENCE s D D O D D F) ;�X CC MFMERCIAL GENE L IABILITY j 3 5 7 9 8 711 08/01/10 08/01/11 P I� S (E a ocGU rerce) W S 1 0 0 D Q fl 0 s CLAIMS MADE X 1 OCCUR s MED Ir7CF Any one person) 1 1 0 0 0 0 XIInsured Contract I s PERSONAL ADV IN.JUR`f 1, 00 r 00 GENERAL AGGREGATE $2,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- P RODUCTS f UCTS COMP /OP A-GG S I n c l sided i POLICY i IECT LC:, AU TOMOBILE LIABILITY i COMBINED sIr�GLE LIMIT 11000,000 'Ea D ANY AUTO 09 74986035 O 8/ O 1 10 08/01/11 a^uident j j ALL 011NED AUTOS BODILY INJURY i SCHEDULED AUTOS i (Per Person) I X HIRED AUTOS BODILY INJURY X NCN,")WNE0 AU T OS 3 (Per accident) I X Insured has no Owned Autos. GARAGE LIABILITY I ANY AUTO F EXC ESS i UMBRELLA LIABILITY CL A y'� r} �j y n C r� i I MADE 19018355/'tC ©11530895 15 OCCUR PROPERTY DAMAGE t (Per accident) AUTO ONLY EA ACCIDENT O ON THAN EA ACC S AGv I g EACH OCCUR X49 00 ,0 08/01/10 08/01/12 AG i $4 9,000,000 I DEDUCT ISLE I RETENTION S 5 f WORKERS COMPENSATION i r AND EMPLOYERS' LIABILITY Y i N TORY LIMITS__` ER 901.4 08 /01/10 0 8/ 01 /11 El EACH 1 I (Mandatory In NH) E.L. DIS EASE EA EMPLOYES s 1, 0 0 0, 0 0 0 If es, describe wader E.L. DISEASE POL LII�,IT 5 1 00 �I ECIAL PROVISIONS belra C D 000 OTHER I B I Personal Property 35798711 08/01/13 08/01/11 Spec.Form 126, 099, 000 Data Process.E i p 35798711 08/01/10 48/31/11 InclTheft Included DESCIRIPTION OF OPERATIONS I LOCATIONS I VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS See "Certificate Attachment Holland Knight, LLP dated 8--1 -10 attached. *except 10 days for non pay men t o premiium CERTIFICATE HOLDER CANCELLATION City of .Alameda Attn R Manager .Alameda City Hall Room 32 2263 Santa Clara Avenue ;Alameda CA 94501 SHOULD ANY OF THE ABOVE DESCRISED POLICIES BE CANCELLED BEFORE THE EXPIRAMON CITY OF DATE THEREOF, THE ISSUING INSURER VOLL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGEN OR REPRESENTATIVES, t-v" 40 t vuzilU I %o o UU RP O RATION. All r reserved The ACORD name and loge are registered marks of ACORD CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: Jul 5, 2011 Re: Appropriate $21,484 in Transportation S Mana Demand Mana Fund Fund 225 and Award a Contract in the Amount of $204,611, Includin Contin to transMetro, Inc. for the Estuar crossing Shuttle Service On September 21, 2010, the Cit Council authorized staff to submit a Transportation .Fund for Clean Air Re Fund g rant application to the Ba Area Air Q Man District (District) to initiate an Estuar crossin shuttle pilot pro and to provide.the necessar local matchin funds from the Transportation S Mana Demand Mana (TSM/TDM) Fund (Fund 225). This shuttle will travel between the cities of Alameda and Oakland, with stops. at.the C o f Alameda and Lake Merritt BART, near Lane Colle The shuttle.will be available for-all users at no cost; however, tar users are bic and pedestri .usin pathwa in the Pose Tube, and students, facult and staff from the colle of Alameda and Lane Colle The service, which is expected to commence on Au 15, will operate at 30 minute intervals from 7:00 a.m. to 11:30 a.m. and 3-.30.p..m. t 7:00 p.m., Monda throu Frida The shuttle service will utilize a 40-foot bus with capacit for 24 passen and 12 bic DISCUSSION To solicit the maximum number of proposals and the most competitive prices, a Re for Proposal (RFP) was provided to known shuttle operators and to .17.separate bu ilders exchan throu the Ba Area. A notice also was published on the Cit web site. Proposals were opened on Ma 20, 2011. Three contractors submitted proposals; however, Altrans later withdrew its proposal because it was not able to mee the.e re The list of proposers from lowest to hi for total project cost is as follows: Proposers Location Amount transMetro San Francisco/ Richmond $143,813 Altrans San Jose $168,996 Silverado Sta San Luis Obispo $212,000 Cit Council A Item #5-D 07-05-11 Honorable Mayor and July 5, 2011 Members of the City Council Page 2 of 3 Interviews were held on June 1, 2011 with the remaining two contractors. The interview panel included staff from the City of Oakland, college of Alameda, and the Public Works Department, as well as a representative from BikeAlameda. The contractor, transMetro, was unanimously selected by the panel as the preferred contractor to provide the shuttle service because of its experience providing shuttles for students and bicyclists and its ability to meet the equipment requirements. staff contacted the references provided by trans Metro and received positive feedback about the quality and timeliness of its service. After meeting with transMetro to discuss the details and'objectives of the pilot program and its experience with similar shuttles, staff determined that the proposed service hours should be extended to better serve the colleges and an outreach assistance.. task should be included. Therefore, staff proposes to award a contract to transl letro for a total amour t .of $204,611, including a nine percent contingency. If the pilot program should prove successful and if additional funds are provided by the District, the contract may be mutually amended on a year -by -year basis, for up to four additional years, based. on satisfactory performance of all aspects of this.contra If extended, the contract would be for the. same terms and costs, plus an annual increase equal to the construction price index increase for the Ban l= rancisco Bay Area appropriate to the trades associated with the work as reported in the Engineering hers Record for the previous calendar year. A copy of the contract is on file in the city clerk's office. FINANCIAL I M PACT The TSM /TDM Fund (Fund 225) has sufficient monies available to fund the City's local matching funds requirement of $21,484. This project does not impact the General Fund. MUNICIPAL COIDE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. The project directly supports the following General Flan Objectives: 4.1.2.e Work with regional, state, and federal agencies to develop plans for design, phasing, funding, and construction of facilities to enhance multimodal cross estuary travel such as increased access to Interstate 880 (bridge, tunnel or other vehicle connection) bike /pedestrian shuttles or high occupancy vehicle -only crossing (e.g. transit or carpool lane) to Oakland. 4.3.1.e Provide amenities or support programs to make using alternative modes a more attractive option. In addition, improved pedestrian and bicycle access for the vest End of Alameda is listed as a high priority project in the Pedestrian Plan and the Bicycle Plan Update, respectively. Honorable Mayor and Members of the City Council ENVIRONMENTAL REVIEW July 5, 2011 Page 3 of 3 In accordance with the California Environmental Act (CEQA), this project is Categorically Exempt under CEQA Guidelines Section 15061(b)(3) because City staff has determined there is no potential for any significant effect on the environment. RECOMMENDATION Appropriate $21 ,484 in TSMITDM Fund (Fund 225) and award a contract in the amount of $204,611, including contingencies, to transMetro, Inc. for the estuary crossing shuttle service. By, Gail Payne Transportation Coordinator Approved as to funds and account, Fred Marsh Controller Exhibit: 1. Contract on file in the City Clerk's Office CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City council From: John A. Russo City Manager Date: July 5, 2011 Re: Accept the Work of W. R. Forde Associates for the Cyclic Sewer Replacement Project, Phase 8, No. P. W. 01 10 03 ZYMIT141 MIMIJ�1�� On July 6, 2010, the City council adopted plans and specifications and authorized a call for bids for the cyclic sewer replacement project, phase 8, No. P. W. 0 1 10 03. The project scope included rehabilitation of approximately 6,500 linear feet of existing sanitary serer pipeline, 3,500 linear feet of service laterals, 29 manholes, and other. associated work along Buena Vista Avenue, from Grand Street to Chapin Street; Lincoln Avenue., from Walnut Street to Willow Street; and Pacific Avenue, from Sixth Street to Webster Street. On September 7, 2010, the city council awarded a construction contract in the amount of $1 ,372,209, including contingencies, to W. R. Forde Associates for the project. DISCUSSION The project is complete and is acceptable to the Public Works Department. The final project cost is $1,146,171.96. FINANCIAL IMPACT The funds forthis project are budgeted in the Public Works Department account for Capital Improvement Program (Project No. 9950208) with monies allocated from the Sewer Enterprise Fund (Fund 602). There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal code. ENVIRONMENTAL REVI In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under CEQA Guidelines Section 15301 Existing Facilities. Cit Counc Agen It em r Honorable Mayor and Members of the City Council RECOMMENDATION Julys, 2011 Page 2 of 2 Accept the work of W. R. l =orde Associates for the cyclic serer replacement project, phase 8, No. P. W. 01- 10 -03. Approved as to funds and account, 1 Fred Marsh Controller Exhibit: 1 Agreement on file in the city Clerk's Office CITY OF ALAMEDA Memorandum To Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: Jul 5, 2011 Re: Approve a Consultant A for $60,000 with Pacific Waste Services, Inc. for the Operation and Maintenance of the Alameda Doolittle Landfill The Doolittle Landfill is a closed solid waste disposal site located on the northeast corner of Ba Farm Island. The landfill, which is approximatel 40 acres, is bounded b San Leandro Ba and Channel on the north, Doolittle Drive on the. rest and south, and the Doolittle Pond on the east. Owned b the Cit of Alameda, the landfill.was operated b the Alameda Cit Disposal Compan for the disposal of muni waste from 1953 to 1981. In 1985, the Cit received the necessar re approv als, and the landfill was placed in a post-closure maintenance status. The current post-closure maintenance of the Doolittle Landfill is re b the w aste dischar re of the California Re Water Qua lit Control Board (RWQCB the permit re of the Ba Area Air Qualit Mana District (BAAQMD), and the oversi of the Alameda Count Health A Office of Solid .and Medical Waste Mana Accordin to current re "tile operator of a solid waste landfill ma be released from post closure, after a minimum of thirt 30 y ears upon demonstration that the solid waste landfill no lon poses a threat to the public health and safet and the environment.11 The Doolittle Landfill has been in the post- closure maintenance phase for 26 y ears. DISCUSSION As part of the post-closure re and permit re the Cit is re to extract methane from the landfill. This is accomplished throu an extensive network of heav plastic pipes and wells, which collect the g as and deliver it to a flare structure, where it is incinerated. The flare structure is operated a minimum of ei hours a da seven da a week. Cit Council A Item #5+ 07-05-11 Honorable Ma and Jul 5, 2011 Members of the Cit Council Pa 2 of 3 The Public Works Department contracts with Pacific Waste Services, Inc. (PWS) to provide air q ualit y related maintenance, monitorin and reportin tasks associated with releasin the methane g as. The specific tasks that PWS performs are: 1. Bi-weekl monitorin and maintenance of the landfill g as collection, extraction, and flare s 2. Bi-monthl site observations and completion of the S Mana Plan observations reports as re b RWQCB Work Order 95-189 3. Quarterl inspections for site securit and draina erosion, and litter control 4. Re the landfill surface to eliminate pondin and ensure proper draina profile 5. Annual mowin of weeds for fire control 6. Annual s evaluation and site inspection with BAAQMD personnel and preparation of findin report, includin implementation of corrective actions, as re 7. Provide s repairs, materials, special projects, and other related work on an as-needed basis 8. Emer call-outs to meet the re re to limit downtime to less than four hours whenever the flare shuts down PSIS has provided excellent and hi responsive service to the Cit since 1998. In accordance with Section 2-59.3 of the Alameda Municipal Code, Cit Council approval is re for an contract that extends be five y ears. Staf re approval to enter into an a with PWS throu June .30, 2012, with the abilit to annuall extend the contract for up to four additional y ears, based on mutual agr eement and satisfactor performance of all aspects of the contract. PWS is speciall trained, experienced, and competent to perform the services. The have a g ood workin relationship with the Public Works Department and RWQCB staffs and are responsive to q uestions and concerns. In addition, PWS technicians have a thorou knowled of the Cit uni s of well fields, electronic controls, and hardware associated with the flare site. A cop of the contract is on file in the Cit Clerk's office. FINANCIAL IMPACT The funds for this project are bud in the Public Works Department's account for Capital Improvement Pro (5438805) Doolittle Landfill Closure with monies Honorable Ma and Members of the Cit Council Jul 5, 2011 Pa 3 of 3 allocated from the Solid Waste Fee Surchar Fund Fund 270). There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. Approve a Consultant A for $60,000 with Pacific Waste Services, Inc. for the operation and maintenance of the Alameda Doolittle Landfill. CK-A Jesse Barajas Public Works Superintendent Approved as to funds and account, A Fred Marsh Controller Exhibit: 1. A on file in the Cit Clerk's Office CITY OF ALAMEDA Memorandum To Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: Jul 5, 2011 Re: Approve a Consultant A for $40,000 with AMEC En and Consultin Inc. for the Semi-Annual Field Monitorin Samplin and Reportinq for the Alameda Doolittle Landfill BACKGROUND The Doolittle Landfill is a closed solid waste disposal site located on.the northeast corner of Ba Farm Island. The landfill, which is approximatel 40.c .a re.s, is bounded b San Leandro Ba and Channel on the north, Doolittle Drive on the Wies and south, and b the Doolittle Pond on the east. Owned b the Cit of Alameda, the landfill.. as operated b the Alameda Cit Disposal Compan for the disposal of municipal -waste from 1953 to 1981 when it ceased operations. In 1985, the Cit received.the necessar re approvals and the landfill was placed in a post-closure maintenance status. The current post-closure maintenance of the Doolittle Landfill is re b .the waste dischar re of the California Re Water Qualit Contr l Board (RWQCB), the permit re of the Ba Area Air Qualit Ma nageme nt District (BAAQMD and the oversi of the Alameda Count Health A Office of Solid and 41 Medical Waste Mana Accordin to current re the �operator of a s o.lid waste landfill ma be released from post closure, after a minimum of thirt (30) y ears upon demonstration that the solid waste landfill no lon poses a thre at to the public health and safet and the environment. The Doolittle Landfill has been in the post- closure maintenance phase for 26 y ears. DISCUSSION To assist the Cit with meetin post-closure re of the RWQCB Order WDR 95-189, the Public Works Department contracts with AMEC En and Consultin (AMBC), Inc. to provide semi-annual field monitorin g roundwater monitorin and samplin and reportin MACTEC was bou out b a new compan and now called All EC En and Consultin Inc. AM EC is hi familiar with the Doolittle Landfill site, includin the locations of the test wells used to ensure water from the site Cit Council A Item #5-G 07-06-11 Honorable Ma and Jul 5, 2011 Members of the Cit Council Pa 2 of 3 has not mi into the Ba and the surroundin area. In fact, AMEC installed three of the wells currentl used for samplin and monitorin The specific tasks that MACTEC performs are: 1. Water monitorin 2. Leachate and g round water level measurements 3. Ground water sample collection 4. Field testin and chemical anal services 5. Surfa water sample collection, field testin and chemical anal 6. Iii monthl observations and reportin on conditions of the site, its perimeter, and the surroundin waters of the State AM EC has provided excellent and hi responsive service to the City .sin 1997. In accordance with Section 2-59.3 of the Alameda Municipal Code, Cit Council approval is re for an contract that extends be five y ears. Staff re approval to enter Into an a with AIVIEC throu June 30, 2912, with the. 'a.bilit t annuall extend the contract for up to four additional y ears,. based on mutual. agreem and satisfactor performance of all aspects of the contract. AIVIEC is speciall trained, experienced, and competent to perform the services. The .ha.ve.a g ood workin relationship with the Public Works Department and RWQCB staffs and are responsive to q uestions and concerns. A cop of the contract is on file in the Cit Clerk's office. FINANCIAL IMPACT The funds for this project are bud in the Public W Department's account for Capital Improvement Pro (5438805) Doolittle Landfill Closure with monies allocated from the Solid Waste Fee Surchar Fund (Fund 270). There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action is authorized pursuant to Subsection 2-59.3 of the Alameda Municipal Code. Honorable Ma and Members of the Cit Council RECOMMENDATION:, Jul 5, 2011 Pa 3 of 3 Approve a Consultant A for $40,000 with AMEC En and Consultin Inc. for the semi-annual field monitorin samplin and reportin for the Alameda Doolittle Landfill. am e ms e .s`"s f r Jesse Barajas Public Works Superintendent Exhibit: 1 A on file in the Cit Clerk's Office CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: Jul 5, 2011 Re: Adopt a Resolution Authorizin the Cit Mana to Submit Two Grant Applications to Caltrans for the C 3 Federal Safe Routes to School +r' ,Pro and to Execute all Necessar Documen BACKGROUND Caltrans is solicitin applications for the C 3 federal Safe Routes to .School (SR2S) g rant pro The purpose of the SR2S pro is to: 1) enable. and e n c o ura g e students from kinder throu ei g rade, includin students'With disabilities, to safel walk and bic to school 2) make walkin and bic to sch 'a. more appealin mode choice; and 3) facilitate the plannin desi and i m plementation of pro that will improve safet environment, and the overall q ualit y of I ife. Caltrans expects to award up to $42M in projects for a two- c pendin ap p royal of the new Federal Transportation Act. No local matchin funds are re q uired. DISCUSSION Staff proposes to submit the followin g rant applications for the follo two pro 1. Infrastructure Improvements to the Gibbons Drive/Northwood Drive/Southwood Drive Intersection The intersection of Gibbons Drive/Northwood Drive/Southwood Drive is on the school route to Edison Elementar and Lincoln Middle Schools. Based on traffic anal and communit feedback, staff developed an infrastructure project. to improve access throu this intersection. The $235,000 fundin re w landscaped and irri medians, stop controls, and Americans with. D.isabilities Act (D) pedestrian ramps to channelize traffic and improve pedestrian access. Improvements to this intersection were, discussed at tiro .nei meetin as well additional me held with residents directl ad to. the intersection. Initiall a traffic roundabout was proposed, but the estimated cost and lack of communit consensus led to the development.of a snore .traditional approach to handlin traffic and pedestrian concerns. Should t he Cit receive the SR2S g rant, Public Works staff will continue to meet with residents to obtain input and feedback as part of the desi process. Cit Council A to #5-H 07-05-11 Honorable Ma and Members of the Cit Council Jul 5, 2011 Pa 2 of 3 2. Infrastructure Improvements to the Mecartne Roadlisland Drive Intersection The intersection of Mecartne Road/island Drive is on the school route to Amelia Earhart Elementar and Lincoln Middle Schools. Based on communit concerns, input from the crossin g uard, for this intersection, traffic data and Cit Council direction, staff developed an infrastructure proje to improve access throu this intersection. The $105,000 fundin re will repair the uneven walkin surfaces of the crosswalks for pedestrians and individuals with disabilities; remove the portions `of the existin center medians that extend partiall into the crosswalks install a new bus landin area at the existin bus stop; enhance existin si at the Intersection; and reali the crosswalks for improved access to the pedestrian ramps. FINANCIAL IMPACT The estimated total cost for the two federal SR2S g rant applications is $340,000. These proposed projects would be full funded b the federal SR2S g rant monies, with no local matchin funds are re There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. The proposed projects support the followin General Plan Transportation Element Objectives: Objective 4.1.1.b Enhance pedestrian safet and mobilit particularl .in hi pedestrian use areas, appl methods consistent with the hierarch classification of streets identified in 4.1.1.a. Objective 4.3.3 Promote and encoura bic as a mode of transportation. Objective 4.4.8 Work with the Alameda Unified School District to include transportatio n choice awareness in education in the schools. ENVIRONMENTAL REVIEW In accordance with the California Environmental Act (CEQA this project is Cate Exempt under CEQA Guidelines Section 15301 (c) Existin Facilities. Honorable Mayor and Members of the City council RECOMMENDATION July 5, 2011 Page 3of3 Adopt a resolution authorizing the city Manager to submit two grant applications to +Caltrans for the cycle 3 federal SR2S program, and to execute all necessary documents. Approved as to funds and account, Fred Marsh Controller CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING THE CITY MANAGER TO SUBMIT TWO GRANT APPLICATIONS TO CALTRANS FOR THE CYCLE 3 FEDERAL SAFE ROUTES TO SCHOOL PROGRAM, AND TO EXECUTE ALL NECESSARY DOCUMENTS WHEREAS, the California Department of Transportation (Caltrans) has allocated Cycle 3 federal Safe Routes to School (SRTS) funds for pedestrian and bicycle facilities; and WHEREAS, the City of Alameda is committed to encouraging students to bicycle and walk to school, and to provide facilities and programs that will encourage this behavior; and WHEREAS, the City of Alameda wishes to apply to Caltrans for $235,000 for Infrastructure Improvements to the Gibbons Drive /Northwood Drive/Southwood Drive Intersection; and (2) $1 05,000 for Infrastructure Improvements to the Mecartney Road /Island Drive Intersection; and WHEREAS, federal SRTS funding guidelines do not require a local match. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda authorizes the filing of two applications with Caltrans for the allocation of Cycle 3 federal SRTS funds for the projects described above, and authorizes the City Manager to execute all necessary documents. 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 5th day of July, 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 6th day of July, 2011. Lara Weisiger, City Clerk City of Alameda Resolution F CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: Jul 5, 2011 Re: Adopt a Resolution Approvin an A with the California State Coastal Conservanc for Fundin to Implement Spartina Eradication and Miti Measures and Authorize the Cit Mana to Execute all Re Documents WL A In 2003, the California State Coastal Conservanc (Conservanc adopted a Final Pro Environmental, Impact Statement/Environmental Impact Report (EIS/EIR to allow for the treatment and control of non-native Spartina in the San Francisco Ba Estuar This document anal the potential effects of implementin treatment methods for a re pro rather than the impacts of individual treatment projects. In 2005, the Cit Council adopted Resolution No. 13875 adoptin the Conservanc findin and for the past six y ears, the Cit and Conservanc have partnered to implement the treatment measures. The Conservanc has prepared an updated Invasive Spartina Pro ISP Control Pro for calendar y ears 2011 and 2012 for sites throu the San Francisco Ba Estuar includin four sub-sites alon the Cit shoreline. DISCUSSION The ori intent of the ISP Control Pro was to complete all control work within five y ears. After six y ears of treatment, some invasive Spartina still remains alon the Alameda shorelines, althou the cumulative treatment efficac has been g reater than 90%. The ISP has observed that improved treatment efficiencies in 2008-2010, developed throu an evaluation of control techni used b a throu the re have resulted in si diminished Spartina infestations. In particular, invasive Spartina is much less evident alon Ba Farm Island, the Elsie Roemer Bird Sanctuar and the eastern Alameda shoreline. Cit Council A Item #54 07-05-11 Honorable Ma and Jul 5, 2011 Members of the Cit Council Pa 2 of 3 Under the fundin a the Conservanc will provide a.maximum of $60,000 in funds to treat the remainin acrea of non-native invasive Spartina for a two- period throu calendar y ear 2012, while the Cit will provide up -to $30,000 in staff support. The expectation is that the invasive Spartina will be effectivel eradicated after these. two additional treatment seasons. The Cit will competitivel bid the contract for this work. Four work areas alon the Alameda shoreline are identified for eradication this y ear. The are.- Alameda Island south; Alameda Island east; Ba Farm.lsl.and; and Alameda Island north. The Cit will mana three of the identified work areas as part of.the proposed g rant. The fourth work area, alon the northern Alameda shoreline, is part of the Oakland Inner Harbor pro site and will be mana directl b the Conservanc ISP personnel. The Cit will continue to provide the public with up-to-date information re proposed actions to control invasive Spartina. A cop of this A is on file in the Cit Clerk's office. a 11' Z W Li, Lel I= N I kvi I The proposed $60,000 under this A provides sufficient funds for the Cit to proceed with the Spartina treatment and eradication activities throu the 2012 treatment season. The funds for staff support of this project are bud in the Public Works Department's account for Capital Improvement. Pro g ram (90807) Spartina Control with $30,000 from the Urban Runoff Fund. There is no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The proposed Resolution is consistent with several implemented policies of the Open Space and Conservation Element of the General Plan. ENVIRONMENTAL REVIEW On September 25, 2003 the "Final Pro Environmental Impact State.ment/ Environmental Impact Report, San Francisco Estuar Invasive Spartina Project: Spartina Control Pro September 2003" (FEIS/R was certified for the Conservanc and the U.S. Fish and Wildlife Service. The implementation of the Spartina Control Pro b the Cit of Alameda is consistent with the miti measures re in the EIS/R (NEPA Re Section 1508.18 and CEQA Guidelines Section 15168 No further environmental review is required. Honorable Ma and Members of the Cit Council Jul 5, 2011 Pa 3 of 3 Adopt a resolution approvin an a with the California State Coastal Conservanc for fundin to implement Spartina eradication and miti measures and authorize the Cit Mana to execute all re documents. Approved as to funds and account, U Fred Marsh Controller Exhibit: 1. A on file in the Cit Clerk's Office cc: California State Coastal Conservancy CITY OF ALAMEDA RESOLUTION NO. APPROVING AN AGREEMENT WITH THE CALIFORNIA STATE COASTAL CONSERVANCY FOR FUNDING TO IMPLEMENT SPARTINA ERADICATION AND MITIGATION MEASURES AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCU MENTS WHEREAS, the California State Coastal Conservancy (Conservancy) and the City of Alameda (City) executed a Partnership Agreement (Agreement) on August 22, 2005, to undertake invasive Spartina treatment and eradication activities and public outreach related to these activities along the shorelines of 9 Alameda in the amount of $38,093; and WHEREAS, E REAS the City and the Conservancy executed an amendment to mom o this Agreement on June 22, 2005, for an additional disbursement to the city not to exceed $39,080 for invasive Spartina treatment and eradication activities in 2000; and WHEREAS, the City and the Conservancy executed a second amendment to this Agreement on May 15, 2007, for an additional disbursement to the City not to exceed $58,500 for invasive Spartina treatment and eradication activities in 2007; and WHEREAS, the city and the conservancy executed a third amendment to this Agreement on June 13, 2008, for an additional disbursement to the Cit y not to exceed $57,000 for invasive Spartina treatment and eradication activities in 2008; and WHEREAS, the city and the conservancy executed a fourth amend to this Agreement on July 9, 2009, for invasive Spartina treatment and eradication activities in 2009; and WHEREAS, the City and the Conservancy executed a fifth amendment to this Agreement on June 17, 2010, for an additional disbursement to the city not to exceed $50,000 for invasive Spartina treatment and eradication activities in 2010; and WHEREAS, the conservancy provided the city a letter on April 15, 2011 stating that the city has completed all deliverables for the 2005 Agreement with Amendments; and WHEREAS, the Conservancy wishes to execute a new Agreement to eliminate the administrative burden associated with utilizing an agreement with multiple amendments and to provide a more direct and transparent opportunity Resoluti #5 -1 CC 07 -05 -11 to update, amend and add agreement provisions if additional funding is available; and WHEREAS, the Conservancy wishes to execute a new Agreement to provide up to $00,000 to the city to continue implementation of invasive Spartina treatment and eradication' activities in 2011 and 2012 under the Invasive Spartina Project (ISP) Spartina control Program; and WHEREAS, the ISP and implementation of the Spartina control Program remain consistent with Public Resources code Sections 31160 31154; and WHEREAS, on June 28, 2005, July 20, 2005, August 17, 2005, July 19, 2000, June 21, 2007, June 28, 2007, July 12, 2007, August 10, 2007, and July 9 2008, public meetings were held to inform the public about the proposed Spartina control efforts. Attendees were supportive of the proposed project but did express concerns about herbicide usage and the residual habitat effects. Overall, attendees were in favor of the proposed action plans. Staff will continue to provide the public with up -to -date information regarding proposed actions to control invasive Spartina along the Alameda shoreline; and WHEREAS, the city shall carry out the project in accordance with the Agreement, updated site specific work plans for calendar years 2011-2012, and work programs to be approved by the Executive Officer of the conservancy pursuant to the Agreement; and WHEREAS, the City shall provide any funds, subject to appropriation by the city council of Alameda, beyond those granted under the Agreement which are needed to complete the project; and WHEREAS, the conditions Precedent to Commencement of Project and Disbursement and Additional Grant conditions shall be met before the City shall commence the project and the conservancy shall be obligated to disburse any funds under the Agreement; NOW THEREFORE, BE IT RESOLVED, that the city approves an Agreement with the conservancy for funding to implement Spartina Eradication and Mitigation Measures and authorizes the city Manager to execute all required documents. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the City of Alameda in a regular meeting assembled on the 5th day of July, 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 5th day of July, 2011. Lara Weisiger, City clerk City of Alameda CITE' OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: John A. Russo City Manager Date: July 5, 2011 Re: Adopt a Resolution Approving a Revised Executive Management Compensation Plan for the Period Commencing June 21, 2009 and Ending June 16, 2012 BACKGROUND The City and its Executive Management Employees (EXME) have met and agreed to the proposed Executive Management Compensation Plan (Exhibit 2), which is for the period commencing June 21, 2009, and ending June 16, 2012. DISCUSSION In recognition of the City's current difficult financial circurnstances, and consistent with actions taken by public and private employees throughout the country, EXME proposes a reduction in their salary and benefit package of approximately 5% to assist the City in balancing its budget and maintaining its core services. These reductions are achieved through the following: 1. A one year. suspension of the one percent (1 City contribution. to the deferred compensation plan, resulting in a savings for the City of $21,400, of which $11,300 is a savings to the General Fund. 2. A PERS variable Employee Cost Sharing for Miscellaneous. classifications of 1.868/0, which is the maximum allowed under the PERS contract. This will raise the amount contributed by employees to their pension premium by 27% (from of salary to 8.808% of salary), for an estimated City savings. of annually, of which $13,400 is a savings to the General Fund. This requires .an amendment to the City's Miscellaneous PERS contract. 3. A PERS variable Employee Cost Sharing for Safety classifications of .2% of the PERS allowed maximum of 5.067 This will raise the amount contributed. by employees to their pension premium by 22 (from 9% of. salary to 11 of salary), for an estimated City savings of $8,300 annually, all of which is a savings to the General Fund. This requires an amendment to the City's Safety PERS contract. 4. Beginning July 1, 2011 and until such time as the City amends its PERS contracts for the Miscellaneous and Safety Plans for employee cost sharing, City Council A Item 5 -J 07-05-11 Honorable Mayor and July 5, 2011 Members of the city council Page 2 of 3 employees covered by this Compensation Plan shall contribute an equivalent amount from their health and welfare benefits. 5. Six unpaid furlough days in FY11 --12, amounting to a savings of $50,200, of which $20,000 is a savings to the General Fund. The total savings provided by these reductions will be approximately $112,200 ($59,000 for the General Fund) over the term of this Plan. Employees covered under this Plan have also asked to remain at the 2009 health premium rates for the City's contribution toward health insurance. The City currently pays the higher 2011 health premium rates for all other City bargaining units. In addition to those changes listed above, this proposed Compensation Plan includes classification and position changes as follows: 1. Removes the City clerk from the Compensation Plan. The city clerk .is a City Council Appointee and will have an individual contract, similar to those between the City and the other Charter officers. 2. Formally includes the Chief of Police and Fire chief classifications in the EXME Compensation Plan, replacing individual classification salary resolutions and assignment of benefits. 3. Reassigns one Deputy city Manager position to the existing Assistant. city Manager classification to provide for the greatly expanded role of departmental oversight and responsibility. The cost for this change is approximately $02,300, all of which is a General Fund cost. 4. Reassigns the Economic Development Director position to a new., lower -level classification of Community Development Director. This position. will have oversight and responsibility for the combined departments of Economic Development and Community Development. This results. in a savings of approximately $24,000. This savings does not have any impact on the General Fund. 5. Adds one position assigned to the classification of Alameda Point Project Manager. This new classification will work on the base use and reuse. project. The Cost for this position, which is solely funded by the Alameda Reuse and Redevelopment Authority, is approximately $184,300. The compensation Plan also calls for salary schedule changes as follows: 1. The chief of Police salary range will increase approximately 0.5% to alleviate the salary compaction- between the classification of Police captain and the .chief of Police, thereby providing a 5% differential between these positions. 2. The Fire Chief salary range will increase by 2.3% to align this salary range with other EXME classifications and current market standards. 3. A new salary range is created for the classification of Alameda Point Project Manager assigned to a four day work week schedule. Honorable Mayor and Members of the City Council FINANCIAL l M PACE" July 6, 2011 Page 3of3 The total cost to implement the changes included in the EXME Plan for FY11 -12 is approximately $110,900, of which $3,800 is from the General Fund. This amount reflects the increased cost for the classification and position changes of $223,100 ($62,800 from the General Fund and currently reflected in the FY11 -12 budget), offset by the $112,200 ($59,000 to the General Fund) estimated savings to the salary and benefit reductions proposed in the EXME Compensation Plan. The proposed salary and benefit reductions are not reflected in the FY11 -12 budget. Attached is a summary of the savings and costs associated with these proposals (Exhibit 1). RECOMMENDATION Adopt a resolution approving the revised Executive Management Compensation Plan for the period commencing June 21, 2009, and ending June 16, 2012.. Exhibits: 1. summary of Savings Cost Executive Management Proposal 2. Executive Management Compensation Plan June 21, 2009 through June 16, 2012 Summary of (Savings) /Cost Executive Management Changes TOTAL GENERAL FUND DESCRIPTION (SAVINGS) /COST (SAVINGS)/COST Deferred Compensation: Suspension for one year (2 (11,300) o Cost Sharing: Misc 1.868% (32,300) (13,400) Q W U Cost Sharing: Safety 2% (8,300) (8 q °Q a Furlough: 6 days in FY11/12 (50,200) (26,000) (SAVINGS) /COST (112 (59 a y Position Change: from Deputy City Manager to 62,800 62,800 Z Z Assistant City Manager rz Position Change: from Economic Development Z Director to Community Development Director (24,000) Add Position: Alameda Point Project Manager 184 v Q. (SAVINGS) /COST 223 62 TOTAL(SAVINGS) /COST 110 3 City COUi1C9I Exhibit 1 to Agenda Item #5 -J 07 -05 -11 EXECUTIVE MANAGEMENT COMPENSATION PLAN June 21, 2009 through June 16, 2012 Section 1. At -Will and Exempt FLSA status All employees covered under this Compensation Plan are at -will, serving at the discretion of the City Manager and are exempt from the overtime provisions of the Fair Labor Standards Act (ELBA). The job titles of the positions covered by this Compensation Plan are: Miscellaneous Classifications: Alameda Point Project Manager Assistant city Manager Community Development Director Deputy city Manager Executive Director Housing Authority General Manager -Alameda Municipal Power Hunan Resources Director Library Director Public Works Director Recreation and Parks Director Public. .Safety Classifications: Chief of Police Fire chief Section 2. Salaries /Rates of Pa The annual salary range for each classification shall be as set forth in Exhibit A, which is attached hereto. Section 3. Money Purchase Plan (IRC 401(a)) One percent (1 of base salary will be paid by the City as deferred compensation and two percent (2 of total earnings will be paid by the employee towards an IRC 401(a) money purchase plan. Upon retirement, employees may contribute any unused vacation into this plan subject to the maximums allowed by IRS rules. Fora one year period of time beginning the first pay period following adoption of this Compensation Plan, the city will suspend its 1 employer contribution into this plan. The employee contribution of 2% shall continue. City Council Exhibit 2 to Agenda Item #5 -J Executive Management Compensation Plan —June 20, 2009 January 16, 2012 Section 4. Health and Welfare The City will make available medical, dental and ..life insurance for eligible employees through a contribution to the Flexible Benefits Plan. 4.1 Medical Insurance Two different structures for the medical component of the Flexible Benefits Plan will be provided to employees, based on their. date .of hire as outlined below. Employees who were hired by the city of Alarneda. on or before November .1.4, 2006, and those promoted .into the BxIVI E employee group from another bargaining unit where the employee was receiving a medical component cash back provision equal to or greater than Plan A below, nay .choose to be covered under. Plan A or Plan B as outlined below. If Plan A is chosen, the employee may choose to move to Plan B at anytime. once Plan.B.is chosen, the employee will not have the.ability to move back into Plan A.. All employees hired after November. 14, 2006 shall be covered under Plan B. Contribution rates shall be based upon the 2009 PERS premiums and :Shall. not increase until a successor compensation Plan has been adopted by tree City Council. Flan A Under. Plan A, the .City will make the following contributions per month per eligible employee toward the Flexible Benefits Plan for health insurance. These amounts include the PERS minimum .employer contribution (MEC) as required by state law, regardless of the year or amount, if enrolled in PIERS .medical insurance. 2009 Coverage Level City Contribution No coverage (0 party) 869.43 Employee only 1 Employee 1 1 Employee 2 or more dependents 1,224,91 Cash Back Max 05 0 If an employee elects no med.ical coverage through the City and can.docurnent they have alternative medical coverage, they wiII be eligible for.cash back equal to the "o Party rate above. If a employee chooses to be..covere.d by a lower cost medical plan, the employee will receive cash back equal to the. City's .lvedical Contribution less the cost of .the medical plan chosen by the employee. which shall not exceed the cash back maximum shown above. If an employee chooses to be covered by a higher cost medical. plan, they will be responsible for paying the difference .in the cost for that medical plan. Employees receiving cash back will continue to receive it. The amount of cash back will not increase from current levels; however, the amount of cash back an employee Executive Management Compensation Plan -June 20, 2009 January 16, 2012 receives may change as a result of a change in enrollment based on coverage level. The cash back amounts will not be increased even if premiums rise. Flan B Under Plan B, the City will make the following contributions er er month eligible p P g employee toward the Flexible Benefits Plan for health insurance. These amounts include the PERS minimum employer contribution (MEC) as required by state law regardless of the year or amount, if enrolled in PERS medical insurance. Coverage Level 2009 City contribution Cash Back Max. No coverage (0 party) Employee only Employee 1 Employee +dependents 0 $230 508.30 0 $1 0 1 0 If an employee elects no medical coverage through the city and can document they have alternative medical coverage, they will be eligible for cash back of $230 per month. If an employee chooses to be covered by a higher cost medical lan, they y will be responsible for paying the difference in the cost for that medical plan. 4.2 Medical Plan The city shall contract with the Public .Employees' Retirement System (PERS) for the purpose of providing medical insurance benefits for employees covered by this Compensation Plan, eligible retired employees and eligible survivors of retired employees. 4.3 Dental Insurance The City will make the necessary contributions per month per eligible employee toward the Flexible Benefits Account to provide the dental plan to the employee and eligible dependents. This coverage will be mandatory for all employees. The dental program shall be at the $2500/$2500 plan, per employee and eligible dependent for annual dental care and lifetime orthodontic care. 4.4 Life Insurance The City shall provide each employee with a $100,000 life insurance program. This coverage will be .mandatory for all employees covered by this Compensation Plan. Any increase in premium shall cause a like increase in the flexible benefit account. The City shall provide each employee with the opportunity to purchase, at their own cost, additional optional. life insurance up to the maximum amount provided by and subject to the conditions of the carrier. 4.5 IRC section 125 In conjunction with the Flexible Benefits Plan, the city agrees to implement an IRC Section 125 plan to redirect the employees' pre selected amount of salary o a �l pay 3 Executive Management Compensation Plan -June 20, 2009 January 16, 2012 employee paid insurance premiums and other approved expenses with pretax instead of after tax dollars. 4.0 Retirement Health Savin s Plan The City will implement a Retirement Health Savings Plan where employees may make an irrevocable choice to participate in and make pre --tax .contrib.utions. The Retirement Health Savings Plan may be discontinued at the sole discretion of the City. 4.7 Employee Assistance Program The City shall continue to provide for all employees an ernplo y ee assistance program. The cost of such program shall continue to be paid by the City only during the terra of this Compensation Plan. 4.8 Long Term Disability Insurance The City will provide a paid for LTD insurance plan equal to benefits p rovided for in the current plan which is 08.0667% of monthly earnings up to a maximum benefit of $8,000 per month for the number of months according to the terms and conditions of the plan. If benefits are improved, such improvement shall be incorporated in the Long Terre Disability Plan at no cost to all covered employees. Section 5. Retirement Plan 5.1 Retirement Plans The present Retirement Plans between the City and Public Employees Retirement System shall be maintained at the current benefit levels for. the duration of this Compensation Plan. 2% at 55 for miscellaneous classifications and 3% at 0 for public safety classifications. 2. The City provides the PERS single highest year retirement benefit. 3. Employees in miscellaneous classifications pay their own seven (7 percent contribution. Employees in public safety classifications pay their own nine (910) percent contribution. 4. The City provides the PERS .additional service credit for unused sick leave. 5.2 Cost Sharing Miscellaneous Classifications The City shall contract with PERS for Variable Rate Cost S.harin 9 p of u to the Permanent Cost.Share of 1.868% under Government code Section 20516(a based on the optional .benefits established in the Miscellaneous Plan of the C it 's y contract with. PERS.far the 2 %@55 and one -Year Final Compensation Optional p p Benefits. Effective the first day of the next full pay period following the effective 4 Executive Management Compensation Plan —June 29, 2999 January 16, 2912 date of the PERS contract amendment, in addition to the current 7% .employee contribution, employees in the Miscellaneous Classifications covered by the Compensation Plan shall contribute an additional 1.888% of the em to Y eels PERSable earnings towards the employer retirement contribution. This 8.808% contribution shall be in accordance with Section 414(h )(2) of the Internal Revenue Code whereby employee contributions shall be tax deferred and not subject to taxation until the time of constructive receipt. 5.3 Cost Sharing Public Safety Classifications The City shall contract with PERS for variable Rate. Cost Sharing of .0 p to the Permanent Cost Share of 5.057 under Government Code. Section 20518(a), based on the optional benefits established in the Safety Plan.of the.Cit y 's contract with PERS for the 3 %@50 and one -Year Final Compensation Optional Benefits. Effective the. first day of the next full pay period following the effective date of the PERS contract amendment, in addition to the current 9% employee. contribution, employees in the Public Safety Classifications covered by this. Corgi p ensation Plan shall contribute an additional 2% of the employee's.PERSableearnin g stowardsthe employer retirement contribution. This 11 %contribution shall be in accordance with Section 414(h )(2) of the Internal Revenue Code whereby employee.. contributions shall be tax deferred and not subject to taxation until the time o constructive receipt. 5.4 Alternative to PERS Cost Sharin Should the other City employees under the City's PERS Miscellaneous or. Safety Plans not approve the respective PERS cost sharing by June 34, 2011, then effective July 1, 2011, the employees covered by this Compensation. Plan shall contribute a cost share amount to the City as an additional percenta e of.earnin s g 0 (1.868% for Miscellaneous, 2% for Safety) as follows: The City contribution to .the employee's Flexible Benefits Plan under Section 4 above shall be reduced by the employee's cost share amount. In the. event that the Flexible Benefits Plan amount is not sufficient to cover the benefits selected, the difference shall be implemented as an additional payroll deduction. For employees. under Plan A, the cash back maximum amounts under Section 4.1 above shall be reduced b y the amount of the employee's cost share amount. Section 0. Retiree health Care Benefit 0.1 Miscellaneous Classifications Employees who retire with the City and elect to enroll in the health insurance pp p provided through PERS shall have the employer contribution applied er PERS. 0.2 Public Safety Classifications Employees covered under the 1082 Transfer Agreement shall have retirement health benefits as provided through the 1082 Transfer Agreement. The amount of 9 Executive Management Compensation Plan —June 20, 2009 January 16, 2012 the Retiree Health Benefit shall be as spelled out in the respective safety management agreements. Public safety employees not covered by the 1082 Transfer Agreement shall have the employer contribution applied as per PERS requirements. Section 7. Holidays Employees covered by this Resolution shall be entitled to take all authorized holidays at full pay, not to exceed 7.5 hours pay for any one (1) day for miscellaneous classifications and 8 hours pay for public safety classifications. The authorized holidays for the city are: (1) New Year's Day (2) Martin Luther King's Birthday (3) Presidents' Day (4) Memorial Day (5) Independence Day (6) Labor Day (7) Veterans Day (8) Thanksgiving Day (9) Day after Thanksgiving Day (10) Christmas Day (11)(12) and (13 '/2) Three and one -half (3' /z) Floating Holidays (to betaken each year during the period January 1 through December 31) Section 8. vacation 8.1 Vacation Benefits Upon the discretion of the City Manager, employees covered by this Compensation Plan may receive up to twenty (20) working days of vacation with pay upon employment to recognize previous applicable experience, and may subsequently accrue vacation of up to twenty (20) work days of vacation with pay annually, accrued on a biweekly basis. Employees shall receive one additional work day of paid vacation for each additional year of service on their anniversary date (accrued on a bi- weekly basis) up to a total of 25 vacation days. The maximum shall be 30 vacation days for public safety classifications. For the purposes of this section, miscellaneous classifications have a 37.5 hour work week and a 7.5 hour work day. Public safety classifications have a forty (40) hour work week and an eight (8) hour work day. :i Executive Management compensation Plan —June 20, 2009 January 16, 2012 8.2 vacation Accumulation No employee may accumulate more than 320 hours of vacation at any one time. Vacation accumulation shall not exceed these amounts unless otherwise approved by the city Manager. 8.3 Vacation Pay at Termination Upon termination of employment, employees shall be paid the cash value of his or her accrued vacation leave at the time of termination. (See also Section 3 —Money Purchase Plan (IRC 401(a)). Section g. Sick Leave Employees covered by this Resolution shall accrue sick leave at the rate of one (1) day per month. There shall be no limit on sick leave accrual. In no event shall sick leave be converted into cash. Charge for sick leave used shall be on the basis of one (1) hour for each hour used. Sick leave may not be used before it is earned. For the purposes of this section, miscellaneous classifications have a 37.5 hour work week and a 7.5 hour work day. Public safety classifications have a forty (40) hour work week and an eight (8) hour work day. Section 10. Catastrophic Leave Catastrophic Leave is governed by Management Policies Procedures No. 44. Section 11. Leaves of Absence 11.1 Funeral Leave In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted such time off with pay as is. necessary to make arrangements for the funeral and attend same, not to exceed four (4) regular l y scheduled work days. This provision does not apply if the death occurs while the employee is on leave of absence, layoff, or sick leave. For the purpose of this provision, the immediate family shall be restricted to parents, siblings, spouse, domestic partner, children, mother -in -lair, father in-law grandparents, grandchildren, step- parents or stepchildren where. there is. a child rearing relationship. At the request of the city, the employee will furnish a death certificate and proof of relationship. Funeral leave applies only in instances in which the employee attends the funeral, or is required to make funeral arrangements, but is not applicable for other purposes such as settling the estate of the deceased. Executive Management Compensation Plan —June 20, 2009 January 16, 2012 11.2 Jury Dutv An employee summoned to jury duty shall inform the City Manager and, if required to serve, may be absent from duty with full pay for that time required to serge. Section 12. Auto Allowance Exclusive Use vehicles Effective upon City Council approval, auto allowance of $250 per month shall commence or continue to be provided to the following classifications: Alameda Point Project Manager Assistant City Manager Community Development Director Deputy City Manager Executive Director Housing Authority General Manager —Alameda Municipal Power Duman Resources Director Library Director Recreation and Parks Director Inasmuch as the City has determined that its best interests are served .by providing City vehicles for exclusive use to certain key employees with emergency response responsibilities, the employees in the following classifications .mill be assigned an exclusive use City vehicle. The use of these vehicles include. s necessary service, maintenance and City gasoline for City business use subject to City policies and practices. Chief of Police Fire Chief Public Works Director The assignment of vehicles to these classifications shall be subject to review by the City Manager annually and as vacancies occur in these classifications. The City Manager may determine that a classification not be assigned an exclusive use City vehicle, and that the employees receive the $250 per month auto allowance. Section 13. Outside Employment No full -time employee shall engage in employment that constitutes a conflict for the employee or the City. No .employee shall. engage in outside employment during his/her regular working hours. No uniform, emblem, badge or other emplo1ee identification shall be worn by any person while in the employment of someone other than the City. All requests by the employee for permission to engage in outside employment. shall be made on a form provided by the .city. No employee shall accept or continue employment other than with the City of Ala meda without the approval of the City Manager, which may be withheld only -if such employment Executive Management Compensation Plan —June 20, 2009 January 15, 2012 constitutes a conflict for the employee or the City or which would interfere with the employee's ability to perform his or her city job. Section 14. Miscellaneous The city's Drug Free Work Place Policy and Testing Procedure shall apply to employees governed by this plan. Section 15. Furloughs During FY11 --1 2 employees shall be subject to sic furlough days. These days shall be taken without pay in full day increments according to the employee's .regular work schedule and shall be subject to PERS reporting rules. Furlough days shall be scheduled in advance and shall be subject to the approval .of the city Manager. Unpaid furlough time off shall not impact accrual or receipt of any other.established benefit. Section 16. Uniform Allowance Employees in the public safety classifications shall be entitled to uniform pay in the same manner and amount as prodded in the respective safety. management agreements. E Executive Management Compensation Plan —June 20, 2009 January 10, 2012 EXHIBIT A CITY OF ALA.MEDA EXECUTIVE MANAGEMENT CODE CLASSIFICATION $1'EIS, aTE"P 2 STEP 3 STEP 4 STEI�,S;: SAFETY Exempt EFFECTIVE: 06/19/2011 1111* Chief of Police 1101* Fire Chief Forty (40) hour original work week. Five -day work week 175,500 184590 193,519 203,510 213,656 161,015 172 181,558 190,667 200,200 MISC Exempt EFFECTIVE: 06/22/2008 7001* General Manager -AMP 1052* Assistant City Manager 1121* Public Works Director 1131* Library Director 1141* Recreation Park Director 1901* Executive Director Housing Authority 1071* Human Resources Director EFFECTIVE: 08/02/2009 1056* Deputy City Manager EFFECTIVE: 06/19/2011 1066" Community Development Director 1081'* Alameda Point Project Manager 167,635 176,017 184,518 194 203,762 164,706 172,941 181,588 190 200,200 155,975 163,777 171 x 966 180,564 189592 139,358 146,326 153,642 161,324 169,390 139,358 146,326 153,642 1 61,324 169390 139,355 146 153 161 ,324 169,390 139,358 146,326 153,642 161,324 169 119,999 125,999 132,299 138,914 145,860 139,358 146,326 153,642 161,324 169,390 115,383 121,152 127,210 133,571 140,250 Thirty -seven and one -half (37W -1/2) hour original work week Five -day work week Four -day work week CITY OF ALAMEDA RESOLUTION NO. APPROVING REVISED EXECUTIVE MANAGEMENT COMPENSATION PLAN FOR THE PERIOD COMMENCING JUNE 21, 2009,AND ENDING JUNE 167 2012 WHEREAS, there has been submitted to this Council an Executive Mana Compensation Plan; and WHEREAS, the Council of the Cit of Alameda has full examined said Compensation Plan, a cop of which is on file in the Office of the Cit Clerk, and thereb finds and determines adoption of said documents to be in the best interest of the Cit NOW, THEREFORE, BE IT RESOLVED b the Cit Council of the Cit of Alameda that said Council hereb approves and adopts said revised Compensation Plan. BE IT FURTHER RESOLVED that the provision of this Resolution shall supersede an other resolution in conflict herewith. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit 'of Alameda in a re meetin assembled on the 5th da of Jul 2011, b the followin vote to wit: AYES NOES: ABSENT: ABSTENTIONS.- IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the seal of said Cit this 6th da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda Resolution #5-J CO 07-05-11 CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: John A. Russo City Manager Date: July 5, 2011 Re: Adopt a Resolution Delegating Authority to the City Manager to Act on Behalf of the City Council in Employee Benefit Matters Relating to the California State Association of Counties Excess Insurance Authority BACKGROUND The California State Association of Counties Excess Insurance Authority (CSAC -EIA) is amember- directed joint powers authority comprised of California public agencies dedicated to controlling losses and providing risk management and employee benefit solutions. The City currently provides dental coverage to City employees through a Memorandum of Understanding with the California State Association of Counties Excess Insurance Authority (CSAC -EIA). DISCUSSION CSAC -EIA now requires that the governing board of each public entity member designate a representative to officially act on behalf of the City on matters such as renewal information, changes to the Memorandum of Understanding, and voting for representatives to serve on the CSAC -EIA Board of. Directors. without such a designation, these routine business matters would have to come to the City Council. It is recommended that the City Manager be designated for this role with CSAC -EIA, except for those matters that must be approved by the City Council. FINANCIAL IMPACT There is no financial impact on the designation .of the City Manager to act on behalf of the City Council. Agenda City Council Item #5-K 07-05-11 Honorable Mayor and Members of the City Council RECOMMENDATION Julys, 2011 Page 2of2 Adopt a Resolution delegating authority to the City Manager to act on behalf of the City Council in employee benefit matters relating to the California State Association of Counties Excess Insurance Authority. Respectfully submitted Karen Willis Human Resources Director CITY OF ALAMEDA RESOLUTION NO. DELEGATING AUTHORITY TO THE CITY MANAGER TO ACT ON BEHALF OF THE CITY COUNCIL E FOR BENEFIT MATTERS RELATING TO hoz THE CALIFORNIA STATE ASSOCIATION OF COUNTIES-EXCESS 0 IL INSURANCE AUTHORITY 0 WHEREAS, the California State Association of Counties-Excess Insurance Authorit (Authorit has determined that it is necessar for each member of the Authorit to dele to a person or position authorit to act on 0. the member's behalf in matters relatin to the member and the Authorit and WHEREAS, except as to those actions that must be approved b the Cit Council, such dele of authorit is neces in order to carr out the purposes and functions of the Authorit with its members; and WHEREAS, in order to ensure a person or position is dele with authorit to act on the member's behalf in matters relatin to the member and the Authorit action b the member's g overnin g bod is necessar and NOW THEREFORE, BE IT RESOLVED b the Cit Council that, except as to actions that must be approved b the Cit Council, the Cit Mana is y hereb appointed to act in all matters relatin to the Cit and the Authority. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in a re meetin assembled on the 5th da of Jul 2011, b the followin vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the seal of said Cit this 6th da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda Resolution #5-K CC 07-05-11 CITY OF ALAM EDA Memorandum To: Honorable Mayor and Members of the City Council From: John A. Russo City Manager Date: July 5, 201 Re: Adopt a Resolution Authorizing an open Market Purchase Pursuant to Section 3 -15 of the Alameda City Charter for the Purchase of Three Parkin E nf orcement Vehicles BACKGROUND On May 17, 2011, the City Council adopted specifications and authorized a call for bids for three smart Fortwo vehicles to be used..for ar.kin enforcement. The City p g ty CIerk placed a public notice in the Official Newspaper and forwarded copies of the .notice to three Northern California smart vehicle dealerships. Bid ro osals were accep until p p p 2:00 P.M. on Friday, June 10, 2011; however, no bids were received. DISCUSSION Police Department staff contacted Smart Center San Francisco. and requested a quote q q based on the specifications adopted by council. .Personnel from the dealership advised it would take approximately four months to build the vehicles based on the specifications provided.. As an alternative, the dealershi proposed purchasing p p p s ng .three similar vehicles which were in stock and imrned.iately available for sale. Because the alternate vehicles were an upgrade from the base model all of the equipment specifications were already included. The total purchase pri ce. for all three vehicles including tax, license, destination charges, and .delivery fees is $51,923.28. Smart Center San Francisco is the closest dealershi in p roximity to the City y of Alameda. Dealerships in Sacramento and Santa Clara are the next closest; however they were not contacted due to prices being set by. the ...manufacturer and the likelihood of additional delivery costs FINANCIAL IMPACT The cost for the three vehicles was not included in the managed vehicle replacement g p t program fund; however, there are sufficient funds in the 09 -10 state COPS Grant Fund 218.10) and the 10 11 state COPS Grant (Fund 218.11) to cover the purchase. The balance of the 09 -10 State COPS Grant, $50,808.22, was encumbered for this purchase prior to the end of FY 10/1 so as not to risk fiorfeiture....F.unds from the 10 -11 City Council Agenda Item L 07 -11 Honorable Mayor and Members of the city council July 5, 2011 Page 2 of 2 State COPS Grant would be used to cover the additional $1,315.o6 required for the purchase. Whenever possible, existing safety equipment will be reused. RECOMMENDATION Adopt a resolution authorizing an open market purchase, pursuant to Section 3-15 of the. Alameda city charter, for the purchase of three parking enforcement vehicles. Approved as to funds and account, Q4 fVV. I.Vv I L Fred Marsh Controller CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING OPEN MARKET PURCHASE FROM SMART CENTER SAN FRANCISCO PURSUANT TO SECTION 3-15 OF THE ALAMEDA CITY CHARTER OF THREE SMART FORTWO VEHICLES WHEREAS, there are funds available in the 09-10 State COPS Grant (Fund 218.10) and the 10-11 State COPS Grant (Fund. 218.11); and �>h WHEREAS, the Smart Fortwo vehicle is a suitable, fuel efficient par enforcement vehicle; and WHEREAS, no bids were received durin the formal biddin process; and WHEREAS, section 3-15 of the Cit Charter provides th Cit Council, b four affirmative votes, can authorize an open marke purchase if it determines that the materials or supplies can be purchased at a reasonable price in the open market. NOW, THEREFORE, BE IT RESOLVED, b the Cit Co of the Cit of Alameda, pursuant to Section 3-15 of the Cit Charter, the Police. Department, in coo pe ratio n.with the Finance Department Controller, is hereb authorized to purchase three Smart Fortwo vehicles from Smart Center San Francisco. 1, the undersi hereb certif that the fore Resolution was dul an d re adopted and passed b the Council of the cit of Alameda in regular meetin assembled on the 5 th da of Jul 2011 b the followin vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 6th da of Jul 201 Lara Weisi Cit Clerk Cit of Alameda Resolution #5-L CC 07-05-11 CPITY OF A. Memorandum To: Honorable Mayor and Members of the city Council From: John A. Russo City Manager Date: July 6, 2011 Re: Adopt a Resolution Authorizing the city Manager to close city Hall and Other city Administrative offices on Fridays At the May 31, 2011, budget study session, staff recommended that the city council consider closing city Hail to the public on Fridays. While the directly quantifiable monetary savings to the city will likely be. minimal, there will be significant benefits in terms of efficiency and staff coverage of phones and public counters. DISCUSSION As a result of reductions in staffing over the past.several years, including those.adopted as part of the FY11 -12 budget, there are fewer staff available throughout the city. to provide coverage of phones and public counters during the hours that city lull. a.nd other administrative offices are open. In .additi.on, many employees at City Hall. work a 36 -hour, four -day work week, with. the majority working Monday through .Thursday and a much smaller number working Tuesday through Friday. Asa result, it .can be difficult to schedule both internal and external meetings. with key staff absent on Mondays and Fridays. In order to improve internal efficiency and provide additional consistency for the public, staff proposes closing city Hall, city Hall West, and the adrnin.istrative offices at the Alameda Recreation and Park Department, Library, and Police Department. on Fridays. Additional hours of service will be .provided to .the public.. at city Hall and the Alameda Recreation and Park Department Mondays through Thursdays. Most. of these. offices will be open 8 a.m. to 6 p.m., with the Permit C.e.nter open 7:30 a.m..to 4 :30 pn. This earlier start tirne at the Permit center gill prove a benefit to contractors and other trades people, who tend to prefer visiting city Hall before. heading to their job sites. The city's 24 -hour emergency operations. for Police and Fire will be unaffected by this change. Public works field staff (maintenance and construction inspection) will continue to work on Fridays; however, public contact on Fridays will be via telephone only. The Main Library and branches, the Housing Authority, Fire Department, and City council Benda Item #5-M 07-05-11 Honorable Mayor and July 5, 2011 Members of the City council Page 2 of 2 Alameda Municipal Power will also be unaffected by the new schedule. In addition, the City's Executive Management Team will continue to work five days per week. Prior to implementing this change, which is proposed to take place beginning September 9, staff will conduct significant outreach in order to inform the public of the new hours. FINANCIAL IMPACT There is no financial impact from adoption of this Resolution. The City will realize minimal savings in utilities from the closure of City Hall and other City facilities on Fridays. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The Alameda City charter Article XXII, section 22 -8 provides that, "Ail public offices, except where otherwise provided by law, shall be open for business every day, except holidays, from 9:00 A.M. to 5.00 P.M., subject to modification by Council." Adopt a Resolution authorizing the city Manager to close City Hall and other City administrative offices on Fridays. Respectfully submitted, VI Lisa Goldman Assistant city Manager CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING THE CITY MANAGER TO CLOSE CITY HALL AND OTHER CITY ADMINISTRATIVE OFFICES ON FRIDAYS WHEREAS, as a result of reductions in staffing over the past several years, including those adopted as part of the Fiscal Year 2011-2012 budget, there are fewer staff available throughout the city to provide coverage of phones and public counters during the hours that City Hall is open; and WHEREAS, many employees at city Hall work a 30 -hour, four -day work week, with the majority working Monday through Thursday and a much smaller number working Tuesday through Friday; and WHEREAS, this staggered schedule has created inefficiencies for the public and for city staff; and WHEREAS, closing City Hall and other city facilities, including city Hall West and the administrative offices at the Alameda Recreation and Park Department on Fridays but providing additional hours of service to the public Mondays through Thursdays will lead to greater efficiency and better customer service; and WHEREAS, the City's 24 -hour operations will remain unchanged; and WHEREAS, the Alameda City charter Article xxll, Section 22 -8 provides that, "All public offices, except where otherwise provided by law, shall be open for business every day, except holidays, from 9:00 A.M. to 5.00 P.M., subject to modification by Council." NOW, THEREFORE BE IT RESOLVED, that the city council of the city of Alameda authorizes the City Manager, acting consistent with applicable labor laws, to close city Hall and other city facilities on Fridays, beginning September 9, 2011, and keep public offices open for business every day except holidays, from 8:00 a.m. to 0:00 p.m. with the exception of the Permit Center, which shall be open 7:30 a.m. to 4:30 p.m. beginning September 12, 2011. Resolution #5 -M cc 07 -05 -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 a regular meeting assembled on the 5th day of July, 2011, by the following vote to wit: AWES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 6th day of July, 2011. Lara Weisiger, City Clerk City of Alameda CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City council From: John A. Russo City Manager Lara Weisiger City Clerk Date: July 5, 2011 Re: Introduce an Ordinance Amending Sections 2 -1.1 and 2 -1.5 of Article I (The City Council and Meetings of the City Council) of Chapter II (Administration) to Modify the Meeting Time and Deadline for Submission of Matters BACKGROUND The Alameda Municipal code specifies the start time of regular city Council meetings and the date by which matters must be submitted to the city clerk in order to be included on the agenda. In September, the city council agendas and packets for regular meetings will be published one creek earlier. DISCUSSION Section 2.1. 1 is being revised to reflect the correct 7 :00 p.m. start time. of regular city Council meetings. In order to accommodate the earlier agenda distribution, section 2- 1.5 is being modified to set the Monday two weeks prior to the regular city council meeting as the deadline for submitting matters, such as council Referrals. FINANCIAL IMPACT There is no financial impact. Introduce an Ordinance amending Sections 2 -1.1 and 2 -1.5 of Article I (The City Council and Meetings of the City Council) of Chapter II (Administration) to modify the meeting time and deadline for submission of matters. Lisa Goldman Assistant city Manager Cit Council Agenda 4 07-05-11 CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING SECTIONS 2 -1.1 AND 2 -1.5 OF ARTICLE I (THE CITY COUNCIL AND MEETINGS OF THE CITY COUNCIL) OF CHAPTER II (ADMINISTRATION) TO MODIFY THE MEETING TIME AND DEADLINE FOR SUBMISSION OF MATTERS C. CL BE IT ORDAINED by the city Council of the City of Alameda that: Section 1: The Alameda Municipal code is hereby amended by modifying Section 2 -1.1 to read as follows: 2 -1.1 council Meetings. The regular meetings of the city council shall be held in the designated location of the city Hall at 7:00 p.m. in the calendar year as fixed by resolution in December of the preceding year. All meetings shall be open and p ublic, except as otherwise provided by law. If it reasonably appears to the clerk of.the Council that: (a) The Council Chamber is not large enough to accommodate the number of persons likely to attend any meeting, or (b) Special facilities other than the Chamber are required for a particular meeting, or (c) A meeting will constitute a joint session with another agency to be held at the latter's usual meeting place, or (d) Advantages exist in having an on -site meeting, the clerk may, with consent of the Mayor, give appropriate written or oral notice at the commencement thereof that such meeting will be called to order in the council Chamber and thereupon continued to the time and place required by reason of the special circumstances hereinabove mentioned. Section 2: The Alameda Municipal code is hereby amended by modifying Section 2 -1.5 to read as follows: 2 -1.5 Submission of Matters. Before 5:00 p.m. on the Monday two weeks prior to each council meeting any city official, board, commission or other municipal body having any reports, communications or other matters for submission to the council, shall hand the same to the city clerk whereupon the Clerk shall arrange a list of Introduction of Ordinance #5 -N CC 07 -05 -11 such matters according to the order of business specified in subsection 2 -1.6 hereof, and furnish a typewritten copy of the list to each member of the Council. Section 3: This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: Presiding officer of the city Council Lara 1111 eisiger, City Clerk City of Alameda 1, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by the city Council of the city of Alameda in a Regular Meeting of the Alameda City Council on the I9 day of July, 2011 by the following vote to grit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of July, 2011. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING PETER Y. HORIKOSHI AS A MEMBER OF THE CITY CIVIL SERVICE BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the provisions of Art=icle X of the Charter of the City of Alameda, and upon nomination of the Mayor, PETER Y. HORIKOSHI is hereby reappointed to the office of member of the Civil Service Board of the City of Alameda for the terra commencing on July 5, 2011, and expiring on June 30, 2015, and to serve until his successor is appointed and qualified. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 5th day of July, 2011, by the following Grote to grit: AYES: NOES; ABSENT: ABSTENTIONS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 0th day of July, 2011. Lara 1feisiger, City Clerk City of Alameda Resolution #6 -A CC 07 -06 -11 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING LINDA McH JOH AS A MEMBER OF THE CITY CIVIL SERVICE BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the provisions of Article X of the Charter of the City of Alameda, and upon nomination of the mayor, LINDA McH UGH is hereby reappointed to the office of member of the Civil Service Board of the City of Alameda for the terra commencing on July 5, 2011, and expiring on June 30, 2015, and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 5th day of July, 2011, by the following vote to grit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS WHEREOF, l have hereunto set nay hand and affixed the official seal of said City this 6th day of July, 2011. Lara Weisiger, City Clem City of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING SUSAN T. DEUTSCH AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to Section 2-17.2 of the Alameda Municipal Code and Ordinance No. 2931, and upon nomination of the Ma SUSAN T. DEUTSCH is hereb reappointed to the office of member of the Commission on Disabilit Issues of the Cit of Alameda fora term commencin on Jul 2011, and expirin on June 303 2015. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in a re meetin assembled on the 5th da of Jul 2011, b the followin vote to wit.. AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the seal of said Cit this 6th da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING STEVE R. FORT AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -17.2 of the Alameda Municipal Code and ordinance No. 2931, and upon nomination of the Mayor, STEVE R. FORT is hereby reappointed to the office of member of the Commission on Disability Issues of the City of Alameda for a term commencing on July 5, 2011, and expiring on June 30, 2015. 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 5th day of July, 2011, by the following vote to grit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set may hand and affixed the seal of said City this 0th day of July, 2011. Lara Weisiger, City Clerk City of Alameda CITY of ALAIIIIIEDA RESOLUTION NO. REAPPOINTING KELLY HARP AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED by the council of the city of Alameda that 5C t* M pursuant to Section 2 -17.2 of the Alameda Municipal code and ordinance No. 2931, and upon nomination of the Mayor, KELLY HARP is hereby reappointed to the office of member of the Commission on Disability Issues of the city of Alameda for a term commencing on July 5, 2011, and expiring on June 30, 2015. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the city of Alameda in a regular meeting assembled on the 5th day of July, 2011, by the following vote to grit: AWES NOES: ABSENT: ABSTENTIONS: N WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 6th day of July, 2011. Lara Weisiger, city clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING LESLIE A. KRONGOLD AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -17.2 of the Alameda Municipal code and ordinance No. 2931, and upon nomination of the Mayor, LESLIE A. KRONOOLD is hereby reappointed to the office of member of the Commission on Disability issues of the City of Alameda for a term commencing on July 5, 2011, and expiring on June 30, 2015. 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 5th day of July, 2011, by the following vote to wit: i t: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 0th day of July, 2011. Lara Weisiger, city Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING AUDREY LORD-HAUSMAN AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to Section 2-17.2 of the Alameda Municipal Code and Ordinance No. 2931, and upon nomination of the Ma AUDREY LORD-HAUSMAN is hereb reappointed to the office of member of the Commission on Disabilit issues of the Cit of Alameda for a term commencin on Jul 5, 2011, and expirin on June 30, 2015. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in a re meetin assembled on the 5th da of Jul 2011, b the followin vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the seal of said Cit this 6th da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING CULLEN L. JONES AS A MEMBER OF THE CITY HOUSING COMMISSION (SENIOR TENANT SEAT) BE IT RESOLVED, b the Council of the Cit of Alameda that pursuant to the provisions of Subsection 2-12.2 of the Alameda Municipal Code, and upon nomination of the Ma CULLEN L. JONES is hereb reappointed to the office of Senior Tenant Seat member of the Housin Commission of the Cit of Alarn eda for the term commencin on Jul 5, 2011, and expirin on June 30, 2013. 1, the undersi hereb certif that the fore g oin g Resolution w .dul and re adopted and passed b the Council of the Cit of Alameda in re lar meetin assembled on the 5 th da of Jul 2011, b the foll vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand .and affixed the official seal of said Cit this 6th da of Jul 2011. Lara.Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING MICHAEL E. HARTIGAN AS A MEMBER OF THE CITY LIBRARY BOARD BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to the provisions of Article X of the Charter of the Cit of Alameda, and upon nomination of the ma MIGHAEL E. HARTIGAN is hereb reappointed to the office of member of the 0 Librar Board of the Cit of Alameda for the term commencin Jul 5, 2011, and expirin on June 30, 2015, and to serve until his successor is appointed and q ualified. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alarneda.in a re meetin th assembled on the 5 da of Jul 2011, b the followin vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the seal of said Cit this 6th da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING GAIL WETZORK AS MEMBER OF THE CITY LIBRARY BOARD 0 0 U. 0 BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to the provisions of Article X of the Charter of the Cit of Alameda, and upon nomination of the Ma GAIL WETZORK is hereb reappointed to the .office of member of the Librar Board of the Cit of Alameda for the term commencin Jul 5, 2011, and expirin on June 307 2015, and to serve until his successor is appointed and q ualified. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in a re meetin th assembled on the 5 da of Jul 2011, b the followin vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the seal of said Cit this 6th da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING ARTHUR AUTORINO AS A MEMBER OF THE CITY PLANNING BOARD 0 UL 0 i No"WOR BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to the provisions of Article X of the Charter of the Cit of Alameda, and upon ;6= -01 nomination of the Ma ARTHUR AUTORINO is hereb reappointed to the office of member of the Plannin Board of the Cit of Alameda for the term commencin Jul 5, 2011, and expirin on June 30, 2015, and to serve until his successor is appointed and q ualified. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in re meetin assembled on the 5th da of Jul 2011, b the followin vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 0th da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING MARILYN EZZY ASHCRAFT AS A MEMBER OF THE CITY PLANNING BOARD BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to the provisions of Article X of the Charter of the Cit of Alameda, and upon IV nomination of the Ma MARILYN EZZY ASHCRAFT is hereb reappoi to the office of member of the Plannin Board of the Cit of Alameda for the term commencin Jul 5, 2011, and expirin on June 30, 2015, and to serve until his successor is appointed and q ualified. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in re meetin assembled on the 5th da of Jul 2011, b the followin vote to grit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 0t" da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING GREGORY L. HAMM AS A MEMBER OF THE PUBLIC UTILITIES BOARD (ENGINEER SEAT BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to LIR the provisions of Article X of the Charter of the Cit of Alameda, and upon nomination of the Ma GREGORY L. HAMM is hereb reappointed to the office of En Seat member of the Public Utilities Board of the Cit of Alameda for the term commencin Jul 5, 201 and expirin on June 30, 2015, and to serve until his successor is appointed and is q ualified. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b� the Council of the Cit of Alameda in re meetin assembled on the 5 da of Jul 201 b the followin vote to wit.. AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 6 th da of Jul 201 Lara. Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING LOLA BROWN AS A MEMBER OF THE CITY RECREATION AND PARK COMMISSION BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to Section 2-7.1 of the Alameda Municipal Code, and upon nomination of the Ma LOLA BROWN is hereb reappointed to the office of member of the Recreation and Park Commission of the Cit of Alameda commencin Jul 5, 2011, and expirin on June 30, 2015. I, the undersi hereb certif that the fore Resolution was d and re adopted and passed b the Council of the Cit of Alameda in regular meetin assembled on the 5 th da of Jul 2011, b the followin vote.to wit-, AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 0th da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING GINA MARIANI AS A MEMBER OF THE CITY RECREATION AND PARK COMMISSION BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to Section 2-7.1 of the Alameda Municipal Code, and upon nomination of the Ma GINA MARIAN is hereb reappointed to the office of member of the Recreation and Park Commission of the Cit of Ala commencin Jul 5, 2011, and expirin on June 30, 2015. 1, the undersi hereb certif that the fore Resoluti.on was dul and re adopted and passed b the Council of the Cit of Alameda in re meetin assembled on the 5t" da of Jul 2011, b the followin vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 6t" da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. R..EAPPOINTING CATHY NIELSEN AS A MEMBER OF THE SOCIAL SERVICE HUMAN RELATIONS BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the 2 provisions of Article x of the Chaffer of the City of Alameda, and upon nomination by the Mayor, CATHY NIELSEN is hereby reappointed to the office of member of the Social Service Duman Relations Board of the City of Alameda for the term commencing July 5, CL 2011, and expiring on June 30, 2015, and to serve until her successor is appointed and Ott pp qualified. 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 adjourned regular meeting assembled on the 5' day of July, 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNES S, VMEREOF, I have hereunto set my hand and affixed the official seal of said City this 6 day of July, 2011. Lara welsiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING JEANETTE ME1 AS A MEMBER OF THE ALAMEDA YOUTH ADVISORY COM MISSION BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to 41mo X Section 2-19 of the Alameda Municipal Code, and upon nomination of the Ma JEANETTE MEI is hereb reappointed to the office of member of the Alameda Youth Advisor Commission of the Cit of Alameda, for a term commencin Jul 5, 2011, and expirin June 30, 2015. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in a re meetin assembled on the 5th da of Jul 2011, b the followin vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the seal of said Cit this 6th da of Jul 2011. Lara Weisi Cit Clerk Cit of Alameda CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the city council From: John A. Russo City Manager Date: July 5, 2011 Re: Hold a Public Hearing to Consider Approval of Tentative Parcel Map 1 0000 to create Four Parcels at 2001 to 2901 Harbor Bay Parkwa In 2010, the city. of Alameda Planning Board and City Council approved a. Design Review and Development Plan application to construct a new waterfront headquarters for VF outdoors. that would consist of five office buildings and. associated facilities including a cafeteria, recreational facilities, parking, landscaping, and other improvements on a vacant 1 3.7 -acre parcel located on Harbor Bay Parkway i�r� the Y y Harbor Bay Business Park. The total size of the campus will e approximately 205,000 square feet at build -out. The Alameda campus will be the executive headquarters for VF Corporation's largest division, VF outdoor, and the division's most successful brand, The North. Face.. The campus will also include Jan port and Lucy, with the possibility of additional .brands.and future acquisitions to be located at the Alameda. campus. At full build out, the VF Outdoors campus will become one of Alameda's largest. private sector employers, with approximately 650 new jobs, and one of Alameda's largest property tax payers. The project will be developed in two phases. In May 2011, work began on Phase l .of the new Alameda campus. Phase. 1 includes three. office buildings :and the amenities building (Buildings.A through D on.the site plan). The second phase will include.the fifth and final building (Building E). Phase 1 is approximately 1 60,000 square feet, and Phase 2 is approximately 4,000 square feet. The project is targeting a comprehensive LEED -Gold NC (new construction) certification. The applicant, S.R.M Associates for .VF corporation, is now. proposing a tentative map that would divide. the. phase one. 11 -acre parcel. into four parcels to a. [low each.. of the four buildings .in the first phase of the .five buil.din.g complex to occupy a separate parcel. The fifth building, which is proposed for the second phase of the development, is already located on a separate parcel of land. Upon completion, the five. building campus would include five separate parcels totaling 13.7 acres as originally contemplated in the 2010 approvals. Cit C A Item #6-B Honorable [Mayor and Members of the city council DISCUSSION July 5, 2011 Page 2 of 3 The proposed Tentative Parcel Map will subdivide an existing 11- -acre property into four individual parcels. Each of the four parcels, labeled "A" through "D" on the proposed neap, would be occupied by one of the four buildings and a portion of the parking and landscaped areas in the first phase of the campus development. The four parcels vary in size from 2.17 acres to 3.2 acres in size. Each parcel includes frontage on Harbor Bay Parkway, but in accordance with the previously approved site plan, only three of the four parcels would include automobile access from Harbor Bay Parkway. The proposed parcel map ensures that each building includes a front, side, and rear yard setback from each property line. Although each building would occupy a separate parcel, the campus will continue to function as an integrated office campus. Cross easements allow .access across the parcels for shared parking and automobile, emergency vehicle, and truck access. A project Reciprocal Easement Agreement will provide for reciprocal easements for utilities, drainage, ingress and egress, parking, and maintaince of common facilities. The proposed map is consistent with the requirements of the City of Alameda Subdivision ordinance, the State of California Subdivision Map Act, and the previously approved 2010 Final Development Plan and Design Review approvals. FINANCIAL IMPACT There is no financial impact from this project; application fees cover staff time and material costs (MUNICIPAL CODE CROSS REFERENCE The proposed subdivision is consistent with municipal code requirements for new development within the harbor Bay Business Park. ENVIRONMENTAL REVIEW The original Harbor Bay Business Park Planned Development was .evaluated previously in an Environmental Impact Report prepared by A. D. Little. Based on substantial evidence, no further environmental review is required for the proposed project as provided by Section 15162 of the California Environmental Quality Act Guidelines because neither the project, nor the circumstances surrounding the project, would result in any new or more severe significant impacts to the environment, there is no new information of substantial importance, and there are no substantial changes to the project. Honorable Mayor and [Members of the City Council July 5, 2011 Page 3of3 Staff did request that the site be re- checked for endangered species, specifically burrowing owls. A biologist with Environmental Services Associates surveyed the site in July. No owls or other endangered species were found. RECOMMENDATION Hold a public hearing and approve Tentative Parcel Map 10006 to create four parcels at 2001 to 2001 Harbor Bay Parkway, Exhibit: 1. Tentative Map 10000 -On file in the City Clerk's Office CITY OF ALAMEDA RESOLUTION NO. APPROVING TENTATIVE PARCEL MAP 10006 (File No. PLN11 -0077) at 2601 to 2901 HARBOR BAY PARKWAY WHEREAS, an application was remade on March 15, 2011, by Alameda 0 0 waterfront Development Investors 1, LLC (AWDI) c/o SRM Associates requesting U. approval of Tentative Parcel Map TM 10008 for the subdivision of an 11 -acre parcel into four parcels for a proposed development of four office buildings and associated parking, landscaping and otherim improvements northernmost p 9 p g p end of Harbor Bay Parkway, and CL WHEREAS, the subject property is designated as Business Park on the _CL h General Plan Diagram; and WHEREAS, the subject property is located in a C- M--PD, commercial, Manufacturing, Planned Development, Zoning District; and WHEREAS, the Planned Development for the Business Park was approved by PD-81-2, and subsequently amended by PDA -85 -4 and PDA05 -0003; and WHEREAS, the City council on April 4, 1989, approved an Addendum to the Final Environmental Impact Report of the Harbor Bay Isle Development; and WHEREAS, the Planning Board held a public hearing on June 13, 2011, and recommended the Tentative Map; and WHEREAS, the city council held a public hearing on July 5, 2011, and examined pertinent maps, drawings, and documents; and WHEREAS, the City Council made the following findings: 1. The proposed subdivision is in substantial conformance with the General Plan and Planned Development for village v, Harbor Bay Isle, which specifies commercial development for this site as part of the Business Park land use designation. 2. The Tentative Map is in substantial conformance with the land uses, development regulations, parking standards, and park and open space guidelines established in the approved Planned Development for village v, Harbor Bay Isle (PD- 81 -2). 3. The site is physically suitable for the proposed office /business park project on the proposed 4 parcels totaling 11 acres. The site will be graded to Resolution #6 -B CC 07-05 -11 accommodate the proposal and is located adjacent to existing infrastructure that has the capacity to accommodate the proposal. 4. The site is physically suitable for this type of development. The proposed density of the 4- parcel, 11 -acre project is less than the maximum 35% 40% lot coverage established by the Planned Development for Village V, Harbor Bay Isle. A future change in ownership pattern will have no effect on the approved density of the site. 5. The design of the subdivision and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Addendum to the Final Environmental Impact Report for the Harbor Bay Isle Development was approved by the City, which evaluated the environmental impacts of the Planned Development and established measures that would mitigate potentially significant impacts to a less than significant level. 6. The design of the subdivision and its improvements will not cause serious public health problems. NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Alameda hereby finds, based on substantial evidence, that no further environmental review is required for the proposed project as provided by Section 15162 of the California Environmental Quality Act Guidelines because neither the project, nor the circumstances surrounding the project, would result in any new or more severe significant impacts to the environment, there is no new information of substantial importance, and there are no substantial changes to the project. BE IT FURTHER RESOLVED that the City Council hereby approves Tentative Map 1 0009, subject to the following conditions: All maps filed pursuant to this approval shall be in substantial compliance with the map titled, "Tentative Parcel Map 10006" prepared by Kier and Wright, Civil Engineers surveyors, INC dated 2/15/11 consisting of one sheet, marked Exhibit A, and on file in the office of the city of Alameda Community Development Department. Z. The Final Map shall be in substantial compliance with the Tentative Map and shall incorporate Alameda Datum. 3. Prior to the recordation of the Final Map, all applicable conditions of approval of the approved Tentative Map, as revised or amended, shall be satisfied. 4. Hold Harmless. The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the city of Alameda, the Community Improvement Commission (CIC), the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees against the City of Alameda, the CIC, Alameda City Planning Board and their respective agents, officers or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, the Alameda City Planning Board, the CIC, or City Council relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall Cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. 5. Prior to the City Council approval or the recordation of the Final Map, the Applicant shall submit a Mylar copy and a CAD file of the improvement plans recorded Final flap. Public Works Conditions: Engineer The applicantldeveloper shall submit construction irnproverrent plans for all on- and off -site improvements, including detailed designs for all wet and dry utilities, landscaping and irrigation, water, grading, drainage, erosion control, paving, and solid waste storage and recycling areas. The plans shall be prepared, signed, and stamped as approved by a registered civil engineer licensed in the State of California, unless the Public Works Director authorizes there to be prepared by some other qualified professional, and be in accordance with the AMC, the City of Alameda Standard Plans and Specifications, Standard. Subdivision Specifications and Design Criteria, and the Master Street Tree Plan. The plans shall be reviewed and approved by the Public Works Director prior to approval of the improvements plans or parcel /final map, whichever comes first. The engineer shall also assume responsibility for inspection of the on -site construction work, including but not limited to parking lots, pathways, storm facilities, surer facilities, etc., and shall certify to the City, prior to acceptance of the work or issuance of any occupancy permit, including a temporary occupancy permit, whichever comes first, that the installation of the on -site work (excluding the building and foundation) was constructed in accordance with the approved plans. 2. The tentative parcel map notes state that the project will have a Reciprocal Easement Agreement (REA). The REA shall be prepared by the developer and approved by the Public works Director and City Attorney prior to approval of the Parcel Map. Copies of the recorded REA shall be provided to the Public works Director prior to occupancy to of the first building. 3. The tentative parcel neap requires the abandonment of small portions of the existing 50' Public Utility Easement (PUE) along Harbor Bay Parkway to allow encroachment of the corner of the proposed four buildings. As part of the parcel reap, developer shall include a note as part of the city clerk Certificates identifying the portions of the PIKE to be abandoned in accordance with Government code Section 66499.2OY2. 4. The tentative parcel map shows five wind turbines located within the existing 50 PUE between the existing Harbor Bay Parkway curb and path. Having conducted due diligence, applicant /developer has informed the City that to the best of their knowledge wind turbines do not impact Pacific, Gas Electric's operations or future extensions. Prior to issuance of any permits for the wind turbines, applicant /developer shall abandon that portion of the PUE where the turbines are located pursuant to Government Code Section 664450) which states that the filing of the parcel map shall constitute abandonment of all public easements not shown on the map provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating the public easement and certified to on the neap by the city Clerk or the designee of the legislative body approving the map. 5. The tentative parcel map shoves electrical transformer locations. Prior to granting a certificate of occupancy, power easements signed and notarized, shall be provided to the city of Alameda for all Alameda Municipal Power (AMP) transformer locations including conduit runs on the City side of transformer. Easements shall be prepared by a licensed surveyor in the State of California and be approved by the Public works Department and AMP. 6. The landscape and irrigation plans for improvements in the public right -of- way shall be prepared, signed, and stamped as approved by a licensed landscape architect and shall be in accordance with the previously approved Planning Board resolution for the project. Final landscape plans should ensure that all landscaping and bioswales are compatible with the stormwater treatment measures, designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to storm water pollution. As appropriate, integrated pest management (I PM) principles and techniques shall be incorporated into the landscaping design and specifications. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. Plant placement within the site landscape design shall not interfere with the design function of any of the storrnwater treatment measures. For example, trees planted in or near a biotreatment swale shall not adversely interfere with the design flow of the swale. The plans Shall be reviewed and approved by the Public Works Director prior to approval of the improvements plans or parcel /final map, whichever comes first. The landscape architect shall also assume responsibility for inspection of the work and shall certify to the city, prior to acceptance of the work, that the installation of landscaping and irrigation in the public right -of -way was constructed in accordance with the approved plans. 7. where existing medians are reconstructed on Harbor Bay Parkway and openings in the median created, irrigation sleeves shall be extended and the existing irrigation system modified as needed to provide coverage without over -spray onto the adjacent street pavement to the approval of the Public works Superintendent. S. The landscape and irrigation plans for on -site improvements shall be prepared, signed, and stamped as approved by a licensed landscape architect and shall be in accordance with the previously approved Planning Board resolution for the project. Final landscape plans should ensure that all landscaping and bioswales are compatible with the stormwater treatment measures, designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to storm water pollution. As appropriate, IPlvl P.M. principles and techniques shall be incorporated into the landscaping design and specifications. where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. Plant placement within the site landscape design shall not interfere with the design function of any of the stormwater treatment measures. For example, trees planted in or near a biotreatrrent swale shall not adversely interfere with the design flow of.the swale. The plans shall be reviewed and approved by the Community Development Department prior to approval of the improvements plans or parcel /final map, whichever comes first. The landscaped architect shall also assume responsibility for inspection of the work and shall certify to the City, prior to acceptance of the work, that the installation of the on -site landscaping and irrigation was constructed in accordance with the approved plans. g. The subdivider shall post a refundable cashier's check in the amount of $400 to guarantee a mylar copy of the recorded Parcel Map. 10. The subdivider shall pay for all reasonable office and engineering costs expended by the city Engineer's office, including overhead, in conjunction with reviewing the Parcel Map, improvement plans, easements, and in obtaining the neap signature of the city's consulting surveyor. The subdivider shall provide five copies of the permit approved site /off --site civil improvement plans, landscape plans, and specifications along with a velum or other reproducible set (plans only), and a CD or DVD digital copy acceptable to the city Engineer. 12. A sanitary sewage flog analysis, acceptable to the Public Works Director, identifying the total peak sanitary sewage flow quantities to be generated by the proposed development shall be prepared by a registered civil engineer licensed in the State of California and submitted as part of the construction improvement plans. The engineer shall sign and stamp the analysis as approved. The city will provide this data to an independent consultant who will assess the impact of the proposed development on the city's sanitary sewer system using a hydraulic model and determine the required improvements, if any, to ensure sufficient sewage capacity for this project and anticipated cumulative growth in the associated sewer sub -area. The applicant/developer will pay for the cost of the modeling study. The applicant/developer will include the recommended improvements into the project's improvements plans prior to approval of the improvement plan or parcel /final map, whichever comes first. 13. A sanitary sewage treatment capacity analysis for wet weather flows, acceptable to the Public Works Director, shall be prepared by a registered civil engineer licensed in the State of California and submitted as part of the construction improvement plans. The engineer shall sign and stamp the analysis as approved. The plan shall identify and mitigate any increase in wet weather flow treatment capacities associated with the development when compared to existing conditions. The applicant/developer will include the recommended improvements into the project's improvements plans prior to approval of the improvement plan or parcel /final map, whichever comes first. 14. A storm drainage hydrology analysis, acceptable to the. Public Works Director, identifying the total peak drainage flow quantities to be generated by the proposed development shall be prepared by a registered civil engineer licensed in the State of California and submitted as. part of the construction improvement plans. The engineer shall sign and stamp the analysis as approved. The city will provide this data to an independent consultant who will assess the impact of the proposed development on the City's storm drainage system using a hydraulic model and determine the improvements, if any, to ensure sufficient capacity far .this project and anticipated cumulative growth in the associated drainage basin. The applicant/developer will pay for the cost of the modeling study. The applicant/developer will include the recommended improvements into the project's improvements plans prior to approval of the improvement plan or parcellfinal map, whichever comes first. 15. For all subdivisions and parcel maps, the applicant/developer shall submit a soils investigation and geotechnical report, acceptable to the Public Works Director, in accordance with the AMC and prepared by a registered geotechnical engineer licensed in the State of California, with recommendations based on the findings. The report shall address the structural and environmental analysis of existing soils and groundwater. The improvement plans shall incorporate all design and construction criteria specified in the report. The geotechnical engineer shall sign and stamp the improvement plans as approved and as conforming to their recommendations prior to approval of the improvement plans or parcel /final map, whichever comes first. The geotechnical engineer shall also assume responsibility for inspection of the work and shall certify to the City, prior to acceptance of the work that the work performed is adequate and complies with their recommendations. Additional soils information may be required during the plan check of individual building plans. 16. The improvements shall follow the recommendations of the Geotechnical Engineer in the report Titled "Ceotechnical Engineering Investigation, VOA site, harbor Bay Business Park, Alameda, California" dated May 4, 2010 and subsequent additions or revisions, copies of which shall be provided to the City Engineer. 17. All required public frontage and street improvements shall be designed, built, and dedicated to the City in accordance with City ordinances and Public works Department standards. unless waived or modified by the Public works Director, street improvements shall include curbs, gutters, sidewalks, street trees, landscaping and irrigation, streetlights, etc, 18. All new utilities shall be placed underground prior to issuance of any occupancy permit, including a temporary occupancy permit. In addition, .when approval of a tentative subdivision /parcel map is required, all existing utilities within the project shall be placed underground in accordance with the AMC, prior to acceptance of the project. 19. Applicant /developer shall resurface the existing street pavement whenever a street is cut, either by a longitudinal or transverse cut, for utility or other improvement installations so the street is restored to pre project conditions. The resurfacing shall extend a sufficient distance beyond any cut to ensure a smooth transition and shall consist of either a one and a half 1'/2) inch asphalt concrete overlay, or petromat with a minimum one inch asphalt concrete overlay, depending upon the extent of the proposed pavement cuts and the condition of the existing pavement section, as determined by the Public works Director. 20. Any retaining galls, which are adjacent to a property line, shall be masonry, metal, or concrete. wood retaining walls shall not be installed adjacent to property lines. 21. Installation of street paving shall include reconstruction of the existing pavement section to provide adequate conforms. The limits of the reconstruction shall be established by the Public works Director prior to approval of the improvement plans or parcel /final map, whichever comes f rst. 22. Exposed soil surfaces shall be periodically sprinkled to retard dust. During construction, the applicant /developer shall ensure that construction crews undertake a program of dust control including, but not limited to, watering soil surfaces as needed to prevent dust blowing, covering trucks carrying materials to and from the site, and frequent clean-up of soil carried by construction vehicle tires from the site onto streets. No City water shall be used for this purpose. 23. All project related grading, trenching, backfilling, and compaction shall be conducted in accordance with city of Alameda Standards and Specifications. 24. construction activities are restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday, unless a permit is first secured from the city Manager or designee based upon a showing of significant financial hardship. 25. construction equipment must have state of the art muffler systems as required by current law. Muffler systems shall be properly maintained. 26. Noisy stationary construction equipment, such as compressors, shall be placed away from developed areas off -site and /or provided with acoustical shielding. 27. Grading and construction equipment shall be shut down when not in use. 23. During non working hours, open trenches shall be provided with appropriate signage, flashers, and barricades approved by the Public Works Director to warn oncoming motorists, bicyclists, and pedestrians of potential safety concerns. 29. Prior to trenching within existing street areas, the applicant's engineer shall ascertain the location of all underground utility systems and shall design any proposed subsurface utility extensions to avoid disrupting the services of such system. 30. New street trees shall maintain clearances from utilities as follow: a) Fire hydrant six feet; b) top of driveway wing five feet; c) stop signs —15; d) street /pathway lights and utility poles 25'; e) storm drain, sanitary mains, gas, water, telephone, electrical lines five feet; f) front of electrical pad mounted equipment ten feet. verify minimum clearance distances of street trees /shrubs from electrical transformers with Alameda Municipal Power (AMP). 3 1 Approved backflow prevention devices shall be installed on all new and existing domestic, commercial, irrigation, and fire water services and as required by the East Bay Municipal Utility District (EBMUD). These devices must be tested by an AWWA certified tester from a list of testers provided by EBIVIUD. 32. Costs for inspection by the Public Works construction inspectors during non working hours shall be at time and one half. work on Saturday's requiring inspection shall not be done unless approved in advance by the Public works Director. No work allowed on Sundays. Any work done without inspection may be rejected at the contractor's expense. Stormwater, wastewater and Water 33. Prior to issuance of a certificate of occupancy, the applicant/developer shall secure all necessary permit approvals from EBMUD regarding the installation of all water or sewer service connections for the project. Accumulated wastewater must be drained to the sanitary sewer or pretreated prior to discharge to storm drain systems. 34. The construction improvement plans shall incorporate permanent stormwater treatment controls .and /or design techniques to manage the quantity and quality of stormwater runoff from a planned development to prevent and minimize impacts to water quality. Efforts shall be. taken to minimize impervious surface areas, especially directly connected impervious surface areas. Roof drains shall discharge and drain to an unpaved area wherever practicable. Design techniques may include vegetated swales, vegetated buffer zones, bioretention units, retention/detention basins and ponds, tree well systems, and the incorporation of pervious surface areas. Applicants may refer to the Bay Area Stormwater Management Agencies Association (BASIVIAA) Start at the Source Manual for technical guidance. 35. The landscaping plans shall be designed to minimize runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to stormwater pollution. consideration shall be given to pest resistant landscaping and design features and the use of integrated pest management (IPM) principles and techniques. Where feasible, landscaping shall be designed and operated to treat stormwater runoff. 36. The applicant /developer shall submit a plan showing storm watertreatment measure(s) required to be constructed to meet the hydraulic sizing design criteria indicated in the C.3.d provisions of the City of Alameda's municipal NPDES storm water permit as part of the improvement plans for the project. As part of the final improvement plan submittal, the applicant /developer shall submit a stamped, signed certification from a qualified independent civil engineer, licensed in the State of California, and working for a firm included on the Bay Area Stormwater Management Agencies Association (BASMAA) list of Qualified Post Construction Consultants for stormwater treatment facility design that indicates that the treatment measure design meets the established sizing design criteria for stormwater treatment measures prior to approval of the improvements plans, parcel /final map, or grading permit, whichever comes first. Effective December 1, 2011, this requirement will also apply to any restaurant, automobile service facility, retail gasoline outlets, restaurants or uncovered parking project of 5,000 square feet or greater. 37. The applicant /developer shall submit a Stormwater Treatment Measures Operations and Maintenance (O &M) Plan as part of the improvement plans for the project. The O &M plan shall include, but not be limited to: treatment measure(s) descriptions and summary inventory; a legible, recordable, reduced -scale (8.5 "x11 copy of the Site Plan indicating the treatment measure(s) location(s) and site drainage p.atterns; treatment measure s maintenance requirements and maintenance schedule; detailed description of the integrated pest management principals and techniques .and /or Bay Friendly Landscaping Program techniques to be utilized. during landscape maintenance to ensure pesticide /herbicide use minimization in landscaped areas; name and contact information of current maintenance personnel; and, estimates of annual treatment measure(s) maintenance costs. The O &M Plan shall be reviewed and approved by the Public Works Director prior to approval of the improvements plans, parcel /final maps), or grading permit, whichever comes first. 38. The applicant /developer shall submit a Stormwater Treatment Measures Maintenance Agreement (Agreement) as part of the improvement plansfor the project. The Agreement shall include, but not be. limited to: the approved O &M plan for all post construction (permanent) stormwater treatment measures; identification of the party responsible. for stormwater treatment measures O an instrument of financial assurance, in an amount and form acceptable to the City, from the party responsible for stormwater treatment measures O&M; assurances of access to inspect and verify the treatment system O &M for the life of the project; and assurances of the submittal of the annual O &M report approved by the City. The Agreement be executed between the project owner and the City and recorded, prior to approval of the improvements plans, parcel /final map, or grading permit, whichever comes first. The Agreement shall also be recorded at Project owner's expense, with the County Recorder's Office of the County of Alameda as part of recordation of the parcel /final map. 39. The applicant/developer shall submit a certification report (Report) prepared by a registered civil engineer, licensed in the State of California, affirming that all project site stormwater treatment measures have been constructed per the City approved plans and specifications. As appropriate, the Report shall include, but not be limited to, assurances that: imported materials used for the treatment measure(s) are certified by the supplier; installation of these materials is per approved plans and specifications and meets the intent of the design engineer; required on -site testing results conform with approved plans and specifications; treatment measures conform to dimensions, grades and slopes on approved plans and specifications; all structural features of the treatment measures comply with plan specifications; the irrigation system is installed and functions as designed; healthy vegetation /ground cover is installed as shorn on plans. The Report shall be submitted in a form acceptable to the Public Works Director, prior to the issuance of any occupancy permit, including a temporary occupancy permit.. 40. Fire sprinkler system test grater discharges shall be directed to onsite vegetated areas. 41. The applicant /developer shall submit, in digital format, a Notice of Intent (NO[) form to the California State Water Resources Control Board (SWRCB)'s SMARTS website, Indicating the intent to comply with all requirements of the SWRCB Construction Activity Storm Water NPDES General Permit (Permit) and provide documentation to the Public Works Director prior to approval of a grading permit. 42. In compliance with the NOI submittal to the SWRCB, the applicantldevelo per of any project with a total disturbed area of one acre or greater shall submit a Storm Water Pollution Prevention Plan (SWPPP) as part of the improvement plan submittal. The SWPPP shall be reviewed and accepted by the Public Works Director or designee. Upon City's acceptance of the plan, applicant /developer shall submit, in digital format, the SWPPP and other required permit registration documents to the SWRCB's SMARTS website and provide the Public Works Director with documentation of the submittal prior to approval of a grading permit. 43. In compliance with the SVVPPP the applicantldeveloperof any project with a total disturbed area of one acre or greater shall be responsible for ensuring that all contractors and sub contractors install and regularly maintain all control measure elements required in the project SWPPP s during any construction activities. 44. The applicant /developerof any construction project resulting in the potential for soils, construction materials and fluids, waste, and trash to blow orwash into a storm drain, gutter or street shall be responsible for ensuring that during any construction activity all contractors and sub contractors install and regularly maintain erosion control measures and perf=orm Best Management Practices (BMP), as described in the Alameda Countywide Clean Water Program brochures the San Francisco Bay Regional Water Quality control Board's Erosion and sediment control Field Manual and the California Stormwater Quality Association's Stormwater Best Mara ernent Practice to minimize to the maximum extent practicable, any pollutants entering directly or indirectly the storm water system. The applicant/developer shall pay for any required cleanup, testing, and city administrative costs resulting from consequence of construction materials entering the storm water system. 45. All new storm drain inlets shall be clearly marked with the words "loo Dumping! Drains to Bay, "or equivalent, as approved by the Public Works Director. 46. Design of all external enclosures for solid waste, recycling and organics shall be approved by the Public Works Director prior to approval of the improvements plans, parcel /final maps), or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public Works Director prior to establishment of the use. These facilities are to be designed to preve nt water ru n-on to the area, runoff from the area, and to contain litter, trash and other pollutants, so that these materials are not dispersed by the wind or discharged to the storm drain system. Traffic and Transportation 47. The applicant/developer shall submit a traffic striping and signage plan for all on- and off -site improvements, including all crosswalks, bus stops, turn lanes, merge lanes, acceleration lanes, lane drops, etc, as part of the construction improvement plan submittal. The plans shall be prepared by a registered civil engineer or traffic engineer licensed in the state of California. The engineer shall sign and stamp the plans as approved. The plans shall be reviewed and approved by the Public Works Director prior to approval of the improvements plans or parcel /final map, whichever comes first. 48. Traffic striping in the public right -of -way shall be thermoplastic and shall be cat tracked and approved by the Public Works Director prior to placement. 49. For any off street parking facilities associated with the subdivision, the applicant/developer shall submit the improvement plans to the community Development Department and Pubic Works Department for review and approval. The plans shall be prepared by a registered civil engineer licensed in the State of California and shall be signed and stamped as approved. The Community Development Department shall review and approve the parking lot layout, including number of spaces, dimensions of spaces, and Americans with Disabilities Act (ADA) requirements, and the Public works Director shall review and approve the internal and external circulation of the parking lot, including lane widths and access points, prior to approval of the improvements plans or parcel /final map, whichever comes first. 50. Bicycle parking facility locations and type shall be shown on the construction improvements and shall be based on one space per ten vehicle spaces, which can include dedicated indoor bicycle parking spaces. The facility location and type shall be approved by the community Development Department prior to approval of the improvements plans and parcel /final map. The Community Development Department shall inspect the location, type, and number of facilities to ensure they are in accordance with the approved plans prior to acceptance of the work or issuance of any occupancy permit, including a temporary occupancy permit, whichever comes first. 51. At least three weeks prior to the commencement of work within the public right -of -way that affects access for pedestrian, bicyclist, and vehicular traffic, the applicant /developer shall provide a Traffic Control Plan (TCP) to the Public Works Department for review and approval. The TCP shall be prepared by a registered civil engineer or traffic engineer licensed in the State of California, and be in accordance with the California 11 UTCD standards. The engineer shall sign and stamp the plans as approved. In general, any vehicular, transit, bicyclist, and pedestrian access through and/or adjacent to the project site shall remain unobstructed during project construction or an ADA compliant alternative route established as approved by the Public works Director. At locations where adequate alternate access cannot be provided, appropriate signs and barricades shall be installed at locations determined by the Public works Director and Police Chief. Should transit routes be affected, applicant /developer is required to receive prior approval from Ac Transit of any proposed traffic detours or temporary closure of bus stops. constructed work may not commence until the TCP is approved by the Public works Director. 52. one lane of traffic shall remain open in either direction during working hours and the full street width shall be reopened during non working hours during construction on Harbor Bay Parkway. 53. Pedestrian and vehicular lighting at all Intersections and project driveways shall meet AMP standards for crosswalks, sidewalks, and intersections. 54. Applicant /developer shall replace any damaged curb, gutter, and sidewalk along street frontages to the satisfaction of the Public Works Director, in accordance with the Public works Department's Standard Plans and Specifications prior to acceptance of the project. Environmental 55. Design of all external enclosures for solid waste, recycling, and organics shall be approved by the Public works Director prior to approval of the improvements plans, parcel /final raps), or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public works Director prior to establishment of the use. These facilities are to be designed to prevent water run -on to the area, runoff from the area, and to contain litter, trash, and other pollutants, so that these materials are not dispersed by the wind or discharged to the storm drain system. External enclosures are to be roofed and/or enclosed. Any enclosures containing food waste shall have floor drains connected to the sanitary surer system. If the enclosures are attached to buildings they shall have fire sprinklers. Internal collection and storage area(s) and the individual bins and containers provided, shall be adequate in capacity, number, and distribution to serve the anticipated demand for trash, recycling, and organics as determined by the Public works Director. 55. During the construction /demolition /renovation period of the project, applicant /developer shall use the City's franchised hauler to remove all wastes generated during the project development. 57. When solid waste service in dumpsters is anticipated, applicant must insure that there is adequate space for a solid waste or recycling collection truck to service the external storage areas). For safety reasons, aturnaround must be provided for any street that would otherwise require the collection truck to back up a distance greater than 150 feet. A 40-foot turning radius ss adequate for solid waste collection vehicles. Although. not required, construction of a concrete pad just outside each solid waste enclosure is recommended in order to accommodate the truck weight while servicing the dumpster, since asphalt can fail over time at these locations. 58. Applicant must comply with the following internal and external storage requirements for solid waste and recyclable materials: 59. lion- Residential Structures Non-residential structures /uses within all zoning districts shall provide external solid waste and recyclable storage areas. The following minimum exterior storage area requirements apply to each individual structure: Building size solid waste Recyclables Total Area square feet) square feet (square feet (square feet 10 48 48 90 25,001- 50,000 90 90 192 50, 00 1 -75, 000 144 144 288 75,001 100 192 192 384 100 Every additional 25,000 square feet shall require an additional 48 square feet for solid waste and 48 square feet for rec clables. 50. Exterior solid waste and recyclable material storage shall be adjacent or combined and may only be located on the outside of a structure, in a designated interior courtyard with appropriate access, or in rear or side yards. External storage area(s) shall not be located in any required front yard, street side yard, required parking, landscaped, or open space, or any areas required by the AMC to be maintained as unencumbered. 61. The storage area(s) shall be accessible to residents and employees. Each storage area within a residential development shall be no more than 250 feet from each dwelling unit. 02. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles used by the city's designated collector or hauler. In all cases where a parcel is served by an alley, all exterior storage areas shall be directly accessible to the alley. For safety reasons, a turnaround must be provided for any street that would otherwise require the collection truck to back up a distance greater than 150 feet. A 40 -foot turning radius is adequate for solid waste collection vehicles. while not required, construction of a concrete pad just outside each solid waste enclosure is recommended in order to accommodate the truck weight while servicing dumpsters, since asphalt can fail over time at these locations. 03. The storage area(s) and the individual bins and containers provided within shall be adequate in capacity, number and distribution to serve the anticipated demand as directed by the Public Works Director. 64. The design and construction of the storage area(s) shall: a) be compatible with the surrounding structures and land uses; b) be properly secured to prevent access by unauthorized persons. If gates with locks are planned to limit access to the enclosure or to the property, cards or keys must be provided to the city's franchised waste hauler and recycling collector; c) contain a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates handling of the individual bins and containers; d }provide a 6 -inch wide curb or parking bumpers, at least 3 feet long, should be placed along the interior perimeter of the enclosure walls and between the refuse durr Aster and the recycling containers; e) maintain a minimum space of 12 inches between the dumpster(s) and the walls of the enclosure and the recycling container(s) to allow for maneuvering the dumpster(s); and f) protect the area(s) and containers from adverse environmental conditions, which might render the collected materials non collectible, noxious, unsafe, or in the case of recyclable materials, unmarketable. 66. Dimensions of the storage area(s) shall accommodate containers consistent with the current methods of collection. The storage area(s) shall be appropriately located and screened from view on at least three sides by a solid wall six feet in height, and on the fourth side by a solid gate not less than five feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. Gates must open straight. out and gates and hinges must be flush with the enclosure wall to allow adequate maneuverability of the dumpster in and out of the enclosure. The design of the gall and gate shall be architecturally compatible with the surrounding structures. 66. A sign clearly identifying each exterior solid waste and recyclable material storage area and the accepted material(s) is required. Each sign shall not exceed two square feet in area and shall be posted on the exterior of the storage area adjacent to all access points. 67. All solid waste containers, including dumpsters and individual cans or carts, must have fitted lids which shall remain closed at all times when the container is not being used or emptied. Dumpster capacity shall be to the satisfaction of the Public works Environmental services Division. NOTICE. Pursuant to Government code Section 66499.37, any action or proceeding to attack, review, set aside, void or annual the decision of an advisory agency, appeal board, or legislative body concerning a subdivision, or of any of the proceedings, acts or determinations taken, done or made prior to the decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, including, but not limited to the approving of atentative map or final map, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected within 90 days after the date of the decision. NOTICE. The Conditions of Project Approval set forth herein include certain fees and other exactions. Pursuant to Government code section 66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and other exactions. You are hereby further notified that the 90 day appeal period in which you may protest these fees and other exactions, pursuant to Government Code Section 66020(a) has begun. If you fail to file a protest within this 90 -day period complying with all the requirements of Section 66020, you will be legally barred from later challenging such fees or exactions. 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 5th day of July, 2011, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said city this 6th day of July, 2011. Lara Weisiger, city cleric City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: Jul 5, 2011 Re: Receive an Operational Update on the Fire Department's Water Rescue, Commercial Inspection, and Senior Safet Pro Bud considerations have pla a vital factor in the c urrent status of the Fire Department's Water Rescue, Commercial Inspection, and Senior Safet pro Traditional service deliver methods of these pro a no lon a cc es.s.ibl e or efficient. In order to provide these beneficial services to the communit the Fire Department must revise its approach while takin .into ac a vailable p e rsonnel and financial resources. Additionall the Department needs to lo.ok.at partnerships within the communit and with other a to develop and implement these pro successfull DISCUSSION Water Rescue: The Alameda Fire Department Water Rescue/Fireboat Pro was formall initiated in the late 1990's after bein identified.as a hi for the Cit The pro was developed to. include. rescue. sw.imm ers,. boat operators. and crew members as a comprehensive plan for incident involvin res or. fires. in .the waterwa surroundin Alameda. Standardized, re training .was. a vital function in keepin firefi assi g ned to this pro and certified in their roles. In FY08-09, the Fire Chief made a recomme to eliminate this pro .due. to lack of ade fundin for necessar boat repairs and overtime expenses. Subse both the fire boat. and .rescue boat were placed out .of. service, and the trainin for the rescue swimmers l behind the necessar certification .reouirerne.nt. The Division Chief assi to oversee the rescue. swimmer -pro did not follow throu to ensure that the fundin and trainin were coordinated. Eventuall the pro was deactivated. It would be an understatement to declare this deactivation an error. With Alameda's beaches, recreational water activities, and marinas, there is no doubt that this t of service is a priorit for the communit The Cit must have an effective and resourceful method of respondin to water-related incidents. Conse the Fire Department 1; C it CouncIl A I tem.#f? -A .070005-11 Honorable Mayor and July 5, 2011 Members of the city council Page 2 of 4 has taken and is taking concrete action to once again provide residents with Water rescue service. The certification of 20 water rescue swimmers has been completed. That certification consisted of 10 hours of training in the classroom and the water with .rescue equipment. The Fire Department also has one firefighter certified as a rescue swimmer trainer. The Department is targeting an additional 10 rescue swimmers for certification and two more trainers in the next fiscal year. This will alloy a satisfactory deployment of swimmers across each of the three duty shifts and a trainer on each shift as well. Having on -shift trainers will allow the Department to reduce costs for maintaining certification. The hater Rescue Program will be operational on or before September 1, 2011. The Department recently finalized the purchase of a 14 -foot inflatable boat with an. outboard motor, trailer, and equipment. This summer the Department will train boat op .eratprs .in the handling of this vessel. once training is complete, the boat will be kept .at dire Station One, ready for rapid deployment to any point in the city within 15 .minutes frorn initial response. currently, the Department uses a utility truck as ..a tour vehicle; future plans include the purchase of a dedicated vehicle outfitted with water rescue equipment ready at all times for response. This boat will be covered when not in use and requires little maintenance. General orders Bulletin 1 -46, Water Rescue operations, which is attached, will. be updated to reflect the changes to the program. A complete, standardized training regimen will be included in this plan and will involve periodic exercises with the Alameda Police Department, the coast Guard, and other agencies. Commercial Inspections: The commercial fire inspection program has been larger dormant for more than two years. This coincided with the decision to eliminate several positions in the Fire Prevention Bureau. Inspection programs are vital and accomplish several functions: Protect businesses by identifying hazardous conditions Provide a valuable community service Allow fire companies to pre -plan for emergencies Increase General Fund revenue Assist the Finance Department with business license documentation Currently, the only commercial inspections being conducted in the city are by firefighters assigned to light duty because of injuries that prevent them from performing their regular duties. This practice is sporadic and not a reliable method for consistent inspection practices. According to Fire Prevention records, there are 1,200 commercial units i n the city. Based on an average inspection fee of $124, reviving this program could generate $156,240 in revenue for the General Fund. In FY10 -11, $55,000 in revenue was budgeted for this line item. As of May 2011, collections have only been approximately $28,000 for FY10 -11. Honorable Ma and Jul 5, 2011 Members of the Cit Council Pa 3 of 4 AFD will be fire compan inspections of commercial establishments throu Alameda. Fire companies, i.e. en and trucks, alread conduct apartment house inspections on an annual basis. Due to a lack of apartment structures on Ba Farm Island, the En 4 compan alread conducts commercial insp in that part of the cit Commercial inspection trainin will be completed b on-shift trainers, and the Department anticipates initiatin the inspections in September 2011. Senior Safet Pro The Senior Safet Pro was established in 2010 as a communit outreach hazard miti pro for low-income senior citizens. The Pro Coordinator's salar was included in the ori g rant from FIRMA, which ended on December 31, 2010. When the FEMA g rant expired, the Fire Department decided to fund the Pro Coordinator throu the Fire Department's .existi bud The fundin for this position was eliminated in the FY1 1-12 bud The Senior Safet Pro provides exceptional communit service to Alameda -senior citizens who q ualif y for the pro In FY1 0-11, the Pro Coordin visit more than 350 homes. Durin these visits, the Pro Coordinator implement saf plans to miti fall and fire hazards and distributed and .installed smoke detectors, carbon monoxide detectors, ni li and other safet devices. The. supplies for this pro were funded throu g rants from Home Dep and the. Cit Communit Development Block Grant (CDSO. These funds will still be avail for. supplie in FYI 1-12. However, without a Pro Coordinator, the Fire Department has no capabilit at this time of providin the service. Discussions are on to develop a partnership which includes the Fire Depart the Communit Development Department, the Mastic k. Senior Center, and several communit g roups in an effort to keep this pro active. There is no financial impact associated with this update. The Fire Department utilized existin fundin to train the rescue swimmers and purchase the small inflatable boat. RECOMMENDATION Accept this report on the operational update of the Fire Department Water Rescue, Commercial Inspection, and Senior Safet Programs. Honorable Ma and Members of the Cit Council cffull submitted, -7 W�ha'ell D'Or I I rde ri m F 1 re thi� Exhibit: Jul 5, 2011 Pa 4 of 4 1. General Order Bulletin 1-46, Water Rescue Operations M !111 1 1111 Exhibit 1 PURPOSE: To provide standard operatin procedures for t he followin situations. 1. Water rescue.incidents occurrin in the estuar pools, I a and ba waters surroundin the cit limits. of Alameda. 2. Resc a in response to imminent dan and natural disasters consistent with EOP of Alameda, and when available for Mutual did responce. RESPONSIBILITY: It is the responsibilit of all to understand and adhere to the safet guidelines. s et forth durin water related activities. POLICY: The intent of thispolic is .to. provide operat* i onal g uidelines for water rescue personnel durin the folloin eme and n on-emer g e n c y situations.- Rescue of persons in the water Vessel t akin g on water Vessel in need of towin to safe haven Medical call for assistance while on a v underwa Miscellaneous di calls.frorn a vessel AUTHOR: The Fireboat/Water Rescue. Committee under the auspices of the Alameda Fire La Mana Team F.L.M.T AUTHORITY: The California Emer Plan. in. accord *th the California ance wi Emer Services Act, provides auth ritie and s ons e ...r. P.. ibili and descri.bes the functions and operations of all levels of. g du r in g extraord m*ar e me r As. an exten sion of the C lifo Em a er Plan, the .C -of Alameda. Under the Cit of Alameda Multi-Hazard Functional Plan for Emer Operations, t he Fire Dep is g iven pri'mar responsibilit for all surface water rescue operations within the cit limits of Alameda. Cit Councii Exhibit to A Item #7-A 07-05-11 i E P. Subject: Po Nu mber Water Rescue Operations GOB 1 -46 Approved By: Page 2 of 15 `ire Chief James Christiansen Refer "Tres Effective Date: Ca fain Pat Paich Jan :8, 2003 P Review Date. Revised .Date: The Fire Department is required by the Emergency oper Plan to maintain written operational plans for response to extraordinary emergency situations associated with natural disasters. 1.1 Bac The Alameda Fire Department Water Rescue Program mcludes.three elements. First is the use of Shore Based Water Rescue techniques. Second is th e use o Boat abased Water Rescue techniques using a Rigid Hull hfflatable Boat. The third e lement is the implern tation of Rescue Swimmers with Rescue Boards. These elements will be described in detail later in this policy. Shore and Water -based Firefighting operations will be addressed in a separate policy. 2. Definitions: 2.1 Rescue Boat Crewmember: Any fire department member. trained and certified by the Fire Department Training Division to the 'mater Rescue. operatio al level who will be assigned the rescue boat during non emergency and emergency situations. Th members are responsible for the f duties: Assist the Boat Operator to safely navigate and operate the boat. Perform the duties of a Boat Operator if s/he becomes incapacitated. Operate all rescue equipment and perform boat -based rescues only. Perform water based re scue(s) on ly during emergent life safety situations to assist and /or help a Rescue Swimmer. Subject: Policy .Number Water Rescue Operations G O B I -46 Ainmoved By: Page 3 of 15 Fire Chief James Christiansen Refer To. Effective Date. Captain Pat Paich January 8; 2003 Policy review Date: Revised Date: 2.2 Boat operator: Any fire department member trained and certified, by the Fire Department Training Division to the. Water Rescue Operational level who will be assigned to operate the rescue boat during non.- emergency and emergency situations. These members are responsible for the following duties: Provide for the safety of their crew and any .other person embarked on the boat while safely operating and navigating the rescue boat. Familiarization with all marinas and waterways surrounding the city of Alameda. Familiarization with local tides and currents and their affect on rescue operations. Familiarization with the .Weekly Notice to Mariners issued by the U.S. Coast Guard. Train members to be qualified Crewmembers. 2.3 Water. Rescue Swimmer:.. Any member trained and. cer if ed .by the Fire Department Training Division, mho will be assigned. to perform water- based rescue operations from the shore. or rescue boat during non. emergency and emergency situations. The members are responsible for the following duties: Utilize rescue devices such as rescue boards, throw bags, torpedo buoys and any other means necessary to effect a rescue. 2.4 Land -based Water Rescue: A level of training provided .by the Fire Department Training Division that allows a department member to perform. within a given scope of practice during a wat rescue .emergency. All line perso nel will be trained to this level. Land -based Water Rescue level members are responsible for the following: Assist in .a water rescue incident from shore. Personal Flotation .Devices roust be worn within 15 feet of the water. Provide support to Rescue Swimmers A FIRE DEPARTMENT Subject: Policy Number Water Rescue Operations GOB 1 46 a r Approved By: Page 4 .ot 15 Fire Chief James Christiansen Refer To: Effective date: Ca tain Pat Paich January S, 2003 Policy Review Bate: seised Date: Roles and Responsibilities 3.1 Incident Commander. Responsibilities include: Taking command of the incident Overall scene management. Requesting and assigning additional resources if needed. Coordinate with outside agencies for emergency operations Faking necessary action to prevent further injury and or. loss of fife in accordance with this instruction and Fire Department Policy. 3.2 Incident Safety Officer. Responsibilities include: Identifying and evaluating hazardous .situations. Providing direction to the .Incident Commander regarding the safety of operations. Authority to stop any unsafe actions and provide corrective action as needed. gg 8 Y Subject: Water Rescue operations Approved By: Fire Chief Janes Christiansen Refer To: Ca taro Pat Paich Policy Review Date: Pol icy Number GOB 1 -4b Pugs .5 of 15 Effective Date: January 8, 2003 Reprised Date: 3.3 CapWn Responsibilities include: Responsible for the initial. size -up and. establishing Command. Provides for the safety of all personnel on the boat. Ensure an effective water rescue can be accomplished based on current weather and operational conditions. 3.4 Boat Operator. Responsibilities include: The safe operation of the boat Ensuring all members on board their vessel abide by all cent policies 3.5 Crew Member. Responsibilities include: Knowledge in.. the use of all rescue. equipment carried on the boat. Performing basic boat operations leading up to and including ability to operate the boat if needed. 3.6 The Alameda Cogply Sheriff s Department. responsible for: Perform body recovery. Under no circumstances willfire department personnel be used for body recovery. SI Subject: Policy Number 'mater Rescue Operations GOB 1 -46 Approved By: Page 6 of 15 Fire Chief Jaynes Christiansen Refer To: Effective Date: Ca fain Pat Paich Janun 8, 2003 P review Date. Revised Sate. A. For a reported person in the water a full r es onse will be utilized (see GOB 1-2). If units initially responding do not have the appropriate resources, ie: two Rescue Swimmers, two Paramedics With an Ambulance, etc. Addit onal resources may need t o be ordered. The intended use for the assignment will be as follows: I St engin Water Rescue Swimm on R escue board. The first engine on scene will have th e R esc ue Swimmer suit up and have his/h rescue board available for deployment. It is preferred to have two R escu e Swn=er on s before a rescue is attempted. However, Rescue Swimmer may start to paddle out i a secon Rescue Swirruner is confirnned enroute. Thi decision will be wade by the Rescue S inuner after he/she makes a full risk assessment of the situation. 2 engine Back Lip Fescue Swimmer on board The second Rescue Swimmer will no be deployed from shore. however, if the Rescue Boat is used, a Swimmer deployed from the boat will count as the second SwiAnmer on scene. 2743 Staff Rescue boat If it is clear that a boat -based rescue is a possibility, the Rescue B will be deployed.. Normally this boat will be staffed by the crew from 2743. Me on the Rescue Boat must ensure th e y are in constant commumcations with command and any other vessels that m a� have be dispatched such as Coast Guard, Commercial Sa etc. If 2743 is unavailable, a second boat Operator must be identified to staff the Rescue Boat. If no qualified Boat operator is available, the Rescue Boat will not be staffed. A F MAN kL L F �i. �,c Fv q. f t Subject: P olicy Number 'dater. fescue Operations GOB 1 -46 Approved By: Page 7. of. a Fire Chief James Christiansen Refer To: Effective Date: Ca twin Pat Paich January 8, 2003 Policy Review Date: Revised Date: Truck Crowd control scene safet lookout During a water rescue incident, it is very difficult to locate persons. from shore. The Truer Company will raise their aerial and the Fire fi g hte r wi ll climb the trial and attempt to locate the victim. Persons should not use white lights for searching sin this affects a per night vision and may cause further delay in locating a victim. Persons should use red or blue lamps to signal Rescue S wimmers as to what direction to move Da ce a victim is .located. The Truck Company Captain will act as the Safety Offi cer and the Appar Oper wi act as th e accountability officer. members acting as the Safety Officer at a water rescue inci dent will nee to be able to readily assess pertinent h .arid any corrective actions that may be nee All Offi cers and Acting Officers shall receive this training Ambulance Provide medical care The ambulance will respond. to the scene to provide medical care to the victims. The Ambulance crew should be close to the entry point of the Rescue Swimmers to facilitate a rapid as sess ment of the patient. 2710 Incident command The Duty Chief will assume command of the incident. upon arrival after a transfer of command from the first company on scene (if applicable). The Duty Chief will assess. the situation and request additional resources if needed. Other. resources may include Co Gad, E day Pans or Alameda County Sheriffs. C o mma n d d wi .l re que st a dditional reso via .dispatch. For a person .in the water for which units have a visual. sighting, the Coast Quard.win a vessel if available. if a search for a victim. i s a�rranted the C oa st. Quard wi :send a t elicopter if available. The Coast Guard Station that ill normally. respond to Alamed is Stat San Francisco located at Yerba Buena. Island. Jhat. stati m contacted at {4 1 99 47 8 or Marine Channel 21A. Duty Chiefs or Captains may also contact the Coast. Gu ard Group. San Francisco Command .Center, (the parent command of Station .S and all Coast Gu Search and Rescue Stations in the Bay 1 -area) directly at (415) 399 -3451 or via Mine Charnel 16. 6� a F: i 1. j Subject: Water fescue Operations Approved By: Fire Chief James Christiansen Refer To: Ca fain Pat Paich Policy Review Date: P Number GOB 1 Page 8 .of 15 Effective Date: Janu4a S, 2003 Revised Date: 5. PROCEDURES 5.1 Strategic Priorities in dealing with a Water Rescue incident are as followed: Protection of rescuer life .Protection of victim life Protection of the environment Protection of property and equipment. 5 .2 Tactical Considerations 5.2.1 Search for victims Utilize all available resources Conduct search from shore when possible Utilize boat to search if appropriate Utilize other resources such as Coast Guard or Police for traffic control 5.2.2 Rescue of Victims Attempt shore -based rescues (throw, row only then. go) Rescue Board based rescues Boat based. rescues Swimming rescue by Rescue Swimmer (only as a last resort) Mamm as�a i. a S s i Sub, ect: PoRCY Number 'mater Rescue Ope rations GOB 1 -46 Approved BY: Page of 15 Fire Chief James Christiansen Refer To: Effective Date: Ca Lain Pat Parch. January 8, 2003 Policy Review .Da e: Revised Date: i S 6.1. l E ntering the Water 6. 1.1 Personnel shall conduct rescue operations from .the shore or a boat, when ever possible.. F eater the grat except as a la esort to save lives..The .d.ecision to eater the grat for any o peration should be made by the highest trained personnel for gr at er re l at e d incidents at the scene. The following factors shall b e considered: a. The potential danger to personnel. F'ircfighters s hall not enter the water unless trained at or above the Rescue Swini -mer le vel. b. The ability of personnel to operate ire the grater with a reasonable margin of safety. C. No personnel are to be Within fifteen (15) feet of the shoreline without proper personal Grote ctive equipment. d. The ab.ility of the Incide Cor nnander or .Co Mp any Offi t o insure backup rescue :capabilities for fi in th water. e. The importance of the o bj ect ive (are lives endangered rescuers shall not be placed in lifedthreatening situat f or b reeovery. f. 'The. potential for successful conclusion (c the objective .be accomplished, or is it a no-win situation g. Rescuers sell not eater the grater if conditions require safety equipment which is not available. h. The primary rescuers shall have the authority to stop any rescue operation if they think the operation is unsafe to the. rescuers or the victims. H azardous Onerations 6 ,2.1 When obvious hazards exist, personnel shall not be placed in vulnerable positions bless necess to save liv.es. The followin are e at l es o g. p operations that shall not be conducted if personnel will be .exposed to unreasonable life hazards: a. Body or Property Recovery. Under no circumstan are l ives to be risked for the purpose of body recovery o r any oth activity not essential for. protection of life. b. Firefi operations on wate rfront stru ctures o adjacent to moving w wh ere n l ive s are $�reatened and where personnel are excessively vulnerable to falling in the wa ter with full turnouts, SCBA, etc. See separate policy for snore information. C. Ropes: No ropes shall b e tied around .th wais torso, .or any other part of the rescuers body when the rescuer is ex to movin g water. d. Vessel Operations: Operating ne ar pe r s ons M the wa with turning props is es dang erous Bo Opera m ust maintain ey e y contact with all persons in the water anytime a rescue vessel is need. In addition, due .to the hazardous nature .of the conditions out the Golden Gate Bridge, operators may not maneuver any Gress out side of the Golden Gate Bridge without approval from a Chief Officer. ALAMEDA FIRE DEPARTMENT Sub Polic N Water. Rescue Operations GOB 1 46 Approved B Pa 11 o f.1 5 Fire Chief James Christiansen Refer To: Effective Date: rte :1876 Ca taro Pat Paich Januar 8, 2003 Polic Review D Revised Date: 6.2.2 Downcu Safet A Downcurrent Safet position shall be established at all sites for the protection Of rescuers a victims, and whenever personnel are attemptin rescue in. movin water, or when the �lxierable to fall yare Ing in accidentall The dow safet position. should: a. Be positioned downcur r .of the res site with proper e (i.e. float ba etc.) a bein.a position to observeoperatio b. Be prepa with trained tech personnel to. attempt rescue if a firefi or victim is swept past the upcurrent rescue o" p int. C. Receive backup support from doIAMC urrent safet positions whenever possible. 6.2.3 U An Upcu Safet position shall alwa be establish d all i e at water related 'Incidents to. warn of approachin vessels or dan s u ero debrisin the water which put rescuers and victims at fisk. The U current Safet be used whenever personnel are aft n rescue. in m wa The Upcurrent Safet -should: a. Be upeurrent of the rescue site with et e with s.af q uipmcnt and man advanta position to observe dan debts and on eorr in g vessels. b. Be positioned far enou uDcurrent of the rescue site to allow ade w a rning of dan debri's in the water t o assure that perso the. victi can be protected or move out of the wa C. Have ade communications to warn personnel workin downcurrent of dan debris. ALAMEDA FIRE DEPARTMENT Sub Polic Number Water. Rescue Operations GOB I Approved B Pa 12 of 15 Fire Chief James Christiansen Refer To: Effective Date: Captain Pat Paich Januar 8, 2003 Polic Review Date: Revised Date: 6,2,4 Prohibited Items: Personal safet e desi for fir fi is not safe to wear near movin water. When workin in a position where personnel ma slip or fall into movin water, the followin items shall not.b.e worn unless such items are re for fire fi or other specific hazards. a. Turnout Coats and Pants b. Self-Contained Breathin Apparatus 6.2.5 Safet E Personnel shall use appropriate safet e when available. A. Head Prote Personnel in support positions shall we rescue helmets .for an swift water rescue. and whenever there is dan of head in Pers in the water shall wear rescue helmets.for an y .swift water rescue. B. Foot Protection: Out of the Water: a. Work boots and T urnout Boots (without turnout pants) are acceptable for perso in support. positions on land. b. The use of athletic shoes is acceptable, ALAMED FI RE D Subject: Policy Number Water Rescue Operations GOB 1 -46 Y Approved By° Page 13 of 15 f Fire Chief James Christiansen Y Refer Toy Effecte Date: 1876 Ca Lain Pat Paich January 8, 2003 Policy Review Date. Revised Date: T, 4-L,, A17-4.--. a. Work boots anal Turnout Boots. are considered dangerous because they impede the rescuer's ability to swim. This is especially true in deep or swift moving grater. b. Athletic shoes are recommended. G. Footwear may be removed or personnel may gear fins, running shoes or wetsuit booties with p rotective soles. d. Decisions relating to footwear shall be. left to the. discretion of the rescue team. Tr a' 7.1 Qualification Process: For .Rescue Swimmer, Boat Operator and Boat Crewnember a vmtten sign. --off procedure with specific tasks will be com Feted nor to a member being qualified. These q aal fieation Slgr .off. documents are included. as appendix A, B and ..C. The Training Division will make the final determination to a member being qualified and will send Comes o.ndet ee to the member s Duty Chef to change the member s .qualification status in Telestaff. For Shore -Based Water Rescue/ Awareness Level trained members a record.of the training will be documented n a T-3 form .arid provided to the Training Division. All members shall receive Shore -Based trai g each year. Sub Polic N umber Water Rescue Operations GOBI-46 Approved B Pa 14 of 15 Fire Chief James Christiansen Refer. To: Effective Date: Captain Pat Paich Januar .8, 200 Polic Review Date: Revised Date 7, 2 Refresher Trainin Re Members who are invol in the Water Rescue Pro must have documented refresher trainin each Q uarter. The re for each q ualification is as follows. 24 hours in the w ater swimming, trainin per y ear. This number is based on an avera of 6 hours per quarter. 12 Hours of this trainin must be e o usin the R Boards. 4 hours of the trainn must be ni t. operations., A ni drill ma count as ni g ht operations. Boat Op 4 8. hours traimn per y ear. This. nu is based on .an. a vera g e of twelve hours per q uar-ter..36.hours..Of this trai m b completed. underway. four hours of the underwa trainin must be ni g ht operations. A Mi g ht drill ma count as ni operations. The balance of the trainin hods ma be accomplished b navi or other related trainin Boat Crewm 24 .hours trainip per y ear. This n u mber is based on a of six hours per q uarter. twelve hours of t his trainin must be completed underwa The balance of the trainin hours ma be accomplished b n avi g ation or other related training, Sub Polic Number Water Rescue Operations GOB 1-46 App Pa 15 of 15. Fire Chief James Christiansen Refer To:. Effective Date: Ca ptain Pat Paich J anuar y 8, 2003 Polic Review Date--, Revised Date: Land-Based Water Rescue 8 hours tram*m*g per. y ear. ibis numb is based on an avera of two hours per q uarter. two hours of this tr a i n i n g shall be as a structured drill once a y ear. The balance of the .trai .ho ma be accomplished b in house use of e or other relat trainin 7, 3 Remedial Trainin ne For m embers. wh lave not completed t he re refresher trainin the Water Rescue Committee and the Trainin Division will decide What tr6 nin must be accomplished for.the member to. sta certified anal a date for o letion c mp If the member is unable to complete the n traini in th prescribed. time. e period., the member's status will be chan in Telestaff until the member. has co MP leted the trainin After a member has let his/her q -da ifica lapse,, a n ew. certification.letter must be seat b the Trainin Divi sion to the member's Di Chief once the are re- Appendix A. B oat Operator .Qualificatio Si Appendix B. Boat Crewmember Qualification Si Appendix C.. Rescue Swimmer Qualification Sign-off 1. Identify major boat components. Z. Locate and demonstrate use of all equipment. 3. Operate trim tabs and outboard drive (RHIB ONLY) 4. Demonstrate proper pre underway chec ks. 5. Demonstrate use of all radios and correct channels for use. b. Demonstrate proficiency in using boat trailer (RHIB ONLY) may be waivedfor initial qualification 7. Review of Navigational Rules of The Road and chart terminology. 8. Demonstrate knowledge of operating at night including how to "read'' Navigation Lights. 9. Participate in Person in the Water Drill as a boat operator.( EITHER. VSL. 10. Demonstrate howv to get underway from a pier and tie up to various berths. I l Participate in alongside. and stern tow evolutions. EITHER v S L 12 Operate fre pump and associated equipment. 13 Complete Engine .Casualty, Electrical Casualty, Hitting Submerged Object and Grounding gills 14 Demonstrate how to flush outboard motor and trader. (RHIB ONLY) 15 Demonstrate how to deploy the anchor with crew assistance. 16 Demonstrate how to perform. daily, weekly and monthly checks. 17 Be able to provide crewmernber instruction based on provided curriculum. FINAL J `IATI N CERTIFICATION By TRAINING DIVISION Training Division Representative Date Appendix A 9 D A T CREW MEMBER QUALIFICATION SIGN-OFF LOG Name: Instructor Date Initials 1. Identify boat nomenclature. 2. Locate and demonstrate use of personal protective equipment. 3. Identify common nautical chart symbols and abbreviations. 4. Identify navigational running lights. 5. Identify distress signals. 6. .Locate, identify and demonstrate use of all equipment. 7. Demonstrate bow to tie a boat to .a pier or other mooring 8. Demonstrate how to operate Hydo -Foist 9. Participate in person in the Water Drill as a pointer and recovery person. 10. Demonstrate lookout responsibilities. 11. Identify prominent landmarks. used for navigation. 12. Demonstrate use of marine band radios and correct channels for use. 13. Assist in alongside and stem tour evolution.. 14. Demonstrate boar to flush outboard motor and trailer. 15. Operate all fire pump related equipment 16. Deploy anchor under direction of a qualified Boat Operator 17. Identify Crewrnember responsibilities. FINAL QUALIFICATION CERTIFICATION BY TRAINING DIVISION T Sr D 1 f Representative .E Y Appendix B 2. 3. 4-. 5 6. 7. 8. 9. 10. ll. 12. Demonstrate safe entry into water from elevation Demonstrate safe entry into grater from shore Demonstrate rescues using buoy and tube .Demonstrate water entries using buoy and tube Demonstrate homer to search for submerged victims (team operation and single rescuer) Demonstrate proper spinal immobilization techniques Identify proper hand/flag signals for land -based rescuers Identify boat nomenclature Demonstrate proper entry into the Rescue Boat Demonstrate proper deployment from the Rescue Boat .Demonstrate homer to remove a victim from the water via the Rescue Boat FINAL QUALIFICATION CETIFI AT Y TRAINING I N Training Division Representative Date ,appendix C Chris Re ike Fisher Corey Merrick 3 'y Dave Lee Y at Paich Do minick 'Weaver IA Doug CAI ton C ke Hoppe Mark Sample Scott Carnevale A Requires three signatures from each group. CURRENT APPLICATIONS RENT REVIEW ADVISORY COMMITTEE TWO VACANCIES V al a M. Burnett Nataseha H. Fraser Erin N. Johnson John A. Johnson Jaines H. Odds e Council Communication #10 -A 7 -5 -'11