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2011-11-01 Packet
fps CITY OF ALAMEDA CALIFORNIA r-� SPECIAL MEETING OF THE CITY COUNCIL TUESDAY NOVEMBER 1, 2011 6:30 P.M. Location: Cit Council Chambers Conference Room, Cit Hall, corner of Santa Clara Avenue and Oak Street A 1 Roll Call Cit Council 2. Public Comment on A Items Onl An wishin to address the Council on a items onl ma speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3-A. LIABILITY CLAIMS (54956.95) WORKERS' COMPENSATION CLAIM Claimant: Sean McMenamin A Claimed Against: Cit of Alameda 4. Announcement of Action Taken in Closed Session, if an 5. Ad Cit Council Marie L. Gilmore, Mayor X.i F-t M CITY OF ALAMEDA •CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1 Please file a speaker's slip with the Assistant Cit Clerk and upon reco b the Ma approach the podium and state y our name speakers are limited to three (3 minutes per item 2. Len testimon should be submitted in writin and onl a summar of pertinent points presented verball 3. Applause and demonstration are prohibited durin Council meetin AGENDA REGULAR MEETING OF THE CITY COUNCIL TUESDAY NOVEMBER 1, 2011 7:00 P.M. [Note: Re Council Meetin convenes at 7.00 pm, Cit Hall, Council Chambers, corner of Santa Clara Avenue and Oak Street The Order of Business for Cit Council Meetin is as follows.- 1. Roll Call 2. A Chan 3. Proclamations, Special Orders of the Da and Announcements 4. Oral Communications, Non-A (Public Comment) 5. Consent Calendar 6. Re A Items .7. Cit Mana Communications 8. Oral Communications, Non-A (Public Comment) 9. Council Referrals 10. Council Communications (Communications from Council 11. Adjournment Public Participation An wishin to address the Council on a items or business introduced b Councilmembers ma speak for a maximum of 3 minutes per a item when the subject is before Council. Please file a speaker's slip with the Assistant Cit Clerk if y ou wish to address the Cit Council. SPECIAL MEETING OF THE CITY COUNCIL 6:30 P.M. COUNCIL CHAMBERS CONFERENCE Room Separate A (Closed Session PLEDGE OF ALLEGIANCE 1 ROLL CALL Cit Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 3-A. Presentation of Certificates of Appreciation to the Ma Fourth of Jul Parade Committee Members. 3-13 Proclamation Declarin November 5, 2011 as Customer Appreciation Da in the Park Street Business District. 3-C. Public Utilities Board Update on Alameda Municipal Power Strate issues. (Alameda Municipal Power 4. ORAL COMMUNICATIONS- NON-AGENDA (Public Comment) A limited number of speakers ma address the Council in re to an matter over which the Council has jurisdiction or of which it ma take co that is not on the a 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 b one motion unless a re for removal. for discussion or explanation is received from the Council. or a member of the public 5-A. Minutes of the Re Cit Council Meetin held on October 4, 2011 and the Special Cit Council Meetin held on October 11, 2011. (Cit Clerk) 5 -B. Bills for Ratification. (Finance) V 5-C. Recommendation to Accept the Annual Investment Report for Fiscal Year 2010- 2011. (Finance 5-D. Recommendation to Approve a One-Year Contract with ECS. Ima Inc. in the Amount Not to Exceed $32,859 for Laserfiche Services and Maintenance. (Information Technolo 5-E. Adoption of Resolution Approvin the Third Amended and Restated Northern California Power A Metered Subs A A (Alameda Municipal Power) 5 -F. Adoption of Resolution Authorizing the City Manager to Submit an Application to the Metropolitan Transportation Commission for the Allocation of $2.5 Million in Funding from the 2012 Regional Transportation Improvement Program for the Broadway /Jackson Project and to Execute All Necessary Documents. (Public Works) 5 -G. Adoption of Resolution Approving Final Parcel Map No. 10006 (2601 -2901 Harbor Bay Parkway. (Public Works) 5 -H. Introduction of ordinance Authorizing the Execution of Lease of Real Property Located at 1525 Bay street Between city, as Lessor, and Caren Zimmerman and Kenneth Edgerly, as Lessee, for operation of ABC Preschool. Re g uires Four Affirmative Votes] (Recreation and Parks) 6. REGULAR AGENDA ITEMS 6 -A. Adoption of Resolution Proclaiming that Any open space Eventually created from the Alameda Belt Line Property be Named the "Jean Sweeny Open Space ace p p Preserve's and Naming November 1, 2011 as Mean Sweeney Day in the City of Alameda. 6 -B. Introduction of Ordinance Amending the City of Alameda Municipal Code by Repealing Section 24 -5 (Smoking Control) of Section XXIV (Public. Health) and By Adding Section 24 -11, (Smoking Prohibitions in Places of Employment and Public Unenclosed Places), and Section 24 -12 (Smoking Prohibitions in Multi- Use Housing). (City Manager) 6 -C. Final Passage of Ordinance Amending the Alameda Municipal Code.by Adding Article VIII (Sunshine Ordinance) to Chapter II (Administration) Establishing Local Standards to Ensure Public Access to Public Meetings and Public Records. (City Attorney, City Clerk, City Manager) 7. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 8. ORAL COMMUNICATIONS NON AGENDA (Public Comment) Any person may address the council in regard to any ,natter 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 g. 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 an p y Conferences or meetings attended 11. ADJOURNMENT City Council Materials related to an item on the agenda are available for public inspection in the City Clerk's office, City Hall, Room 380, during normal business hours Sign language interpreters will be available on request. Please contact the Cit y 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 p rior to, or at, the Council Meeting Accessible seating for persons with disabilities, including those using wheelchairs, is available Minutes of the meeting available in enlarged print Audio Tapes of the meeting are available upon request Please contact the City Clerk. at 747 -4800 or TDD number 522 --7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary o participate in and y p p enjoy the benefits of the meeting 7r,- (Proclamation WYE? EAS, in earl 1988, local merchants formed the Park Street Business Association to focus on the revitalization of the Park Street Business District; and NOW, TWE EFORE, BE IT 'RESOLVED., that 1, Marie L. Gilmore, Nagar of the City of Alameda, join m Cit Council collea in declarin November 5, 2o11 as rAL Wdi U is S in the Park Street Business District. CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Gregory Hamm President, Public Utilities Board Date: November 1, 2011 Re: Public Utilities Board Update on Alameda Municipal Power Strategic Issues BACKGROUND The Public Utilities Board (Board) and Alameda Municipal Power (AMP) staff discussed this report at the Board's September 19 meeting. The electric utility industry is undergoing fundamental changes. Review of industry literature and participation in various industry forums at the local, state and federal levels have led the Board to conclude that the trends shown in the figure below will very likely reshape and transform the utility industry and therefore AMP. a Smarter Grid: n ew Higher skills to equipment for operate a more better control and complex system communication Ong workforce o New dean energy technologies New rates Experience Clean energy reflecting regulations enhanced o System reliability communication security regulations control a Pressure on local Higher quality control requirements Honorable Mayor and November 1, 2011 Members of the City Council Page 2 of 3 Over the last three years, the Board and AMP staff have engaged in an annual strategic planning process to identify critical issues /risks and develop response strategies. Detailed information related to the Board's strategic planning process and initiatives for the next several years is provided after the summary. The following five issues were chosen by the Board as having particular interest to the City Council. Each issue is accompanied by the initiative(s) that the Board has prioritized: 1. TECHNOLOGY Over the coming years the installation and integration of new technology at all levels of the system will be a significant expense and effort for AMP. AMP has taken a second mover position with regard to cutting edge technology. AMP must accelerate its implementation of proven technologies and at the same time get prepared for the additional technology changes that are maturing quickly. Due to the focus on Telecom over the 1998 -2008 periods, proven advanced technologies were either not introduced or not integrated into AMP operations. Due to the controversial nature of the implementation of Smart Meters in the PG &E service area, care must be taken to develop a sound business case and successful customer outreach that is reflective of Alameda's unique characteristics. i. Board Initiative 6: Enhance Outage Restoration Effectiveness ii. Board Initiative 7: Modernize Delivery System iii. Board Initiative 8: Business Case for Smart Grid 2. WORKFORCE Issues related to AMP's workforce need to be addressed. AMP will need to make changes in job descriptions, titles, and compensation. Advanced technology, increased regulatory compliance needs, and an aging workforce require the utility to deal with this issue in a proactive manner and not wait until a negative triggering event causes AMP to react. Communication with the City Council on this sensitive issue will be required over the coming year(s) i. Board Initiative 11: Organization Development 3. REGULATION The Board has started the process of updating its renewable electricity policy; this policy must be updated by the end of the year. The Board anticipates that some customers will feel that the utility is not doing enough, while others will feel that AMP is doing too much at too great an expense. The current policy is outdated due to the inclusion of large hydroelectric resources which are not recognized by the California Energy Commission as an eligible renewable resource. Additionally, the opportunity to monetize renewables through leasing excess renewables for a short period of time is being discussed. This opportunity may be short lived, and the potential to leverage this opportunity into long- term value for Alameda is being examined closely by the Board. Revenues that may result could be utilized for aging infrastructure replacement, advanced technology investment, additional renewable purchases, enhanced customer programs and other valuable customer needs. This complex interplay of policy and financial issues will be dealt with in the coming months. i. Board Initiative 1: Update Renewable Portfolio Standard Policy ii. Board Initiative 2: Replace Morgan Stanley Contract r I 'TI 11 7 F rr r a A ON A I� 1 I ;1 I �A I i Y a 1 1 I i I LW 1■ IL '1q L rTl 'I J I 1111`11 .1 h p l L 71 1 14L iy IV A' .41 A J h [.W-J L4 11. IS L 9& -J I L-.j "F In ps JIL j I 0 m .16 'L 07 ne Fm '11 Ar 44 II 4 II ii 1� ii jq I IL- -Lm. -F L q III A j PS M L 's'+ 411 I& F dh NON Ir I El 2 74 21 A I 1 17 1 ma "I 1 ri I II In I I i 1 'F' "I _7 1 J 0-al [71.1 11 U U .7 F A 4. WN m WA 1.V■ 6 1 Li I II Fm R I III i L L 0 t I lk 17. 1 WIN rr a rl_.ir 7- 1 ,P.m f qNsal I a •A m Fin T I I Fd 7 'r P41 A A 16 .C I 41 1 �111 0-I't 'A N.A i I L 11 16 IN OMNI IN 19 1 All -.1 fj�- III d L11 w LI rm ilk L:q IN a 11 NO m I i 'A 16 4 I 6 it I Im N1- -9- le Em I III m gar ILM "I V, �s� I 1 :t_ I"� ri ELM11 .�j I r -L W IN e l l IME SEEL' INNER 01 0 1 �1� 'F all on 0 1 0 F 11 7 Fill I IL I I rjFIM•l 101W 1% LII Y1 IN LOr IN 1 0 11 h7 i IN G re pq 111111 [��esident, PUIA��. 5.07bits- P. -�v m rR 11.1 L'A I -blit"atkns IT 0. -1 ff`: 2 4L F R 61 EXHIBIT 1 AMP's Purpose, Strategic Plan and Metrics; and Overview of the 15 Initiatives Each year, since 2008, the Public Utilities Board (Board) has undertaken strategic planning workshops to identify and prepare for potential critical issues, risks, and opportunities facing the utility. The workshop is an adaptive, transparent, and flexible process and allows staff, the Board and the community the opportunity to (1) develop AMP's purpose and vision (2) identify critical issues, risks and opportunities (3) develop strategies, priorities and initiatives to ensure AMP's purpose is met while dealing with risks and opportunities. In addition to these annual workshops, an annual strategic financial workshop is also held where the operational budget, long -term rates and long- term infrastructure funding are also discussed. The years 2007 -2009 could be characterized as telecom- focused years. During that time, a significant amount of the Board's and senior management's attention was focused on telecom. Subsequent to the sale of the telecom system in November 2008, the focus has shifted to the electric side of the business. The remaining issues related to telecom are related to litigation and the Council and Board deal with these issues in Closed Session. In 2009, the Board adopted a new Purpose statement, 10 Strategies and 5 metrics. These are shown on the following page. Page 1 of 3 Purpose Statement: Increase value to Alameda by providing safe, reliable, cost effective, and environmentally responsible electricity Purpose is achieved when Strategies are linked to Metrics 'i G1 Strategies 1) Re -focus on the core electric business via developing a new corporate identity and renewing partnerships with the City Council, customers, workforce and industry partners. 2) Ensure utility financial health is preserved through short and long -term risk management and planning. 3) Attract and retain an effective workforce that is appropriately aligned, well trained, equipped with the right tools and technology, and properly recognized. 4) Utilize policies and procedures that allow for superior customer satisfaction and workforce effectiveness. 5) Continue to add value to the community through the General Fund transfer and other means. 6) Implement energy efficiency, renewable power and customer service programs to increase customer satisfaction. 7) Set rates to meet environmental, reliability, community and fiscal health objectives while being equitable for all customer classes. 8) Plan for the long -term reliability of utility distribution system assets while ensuring that annual operations and maintenance are implemented. 9) Endeavor to maintain local control over utility programs including energy efficiency, renewable power and distribution system standards. 10) Manage short -term and long -term power supply reliability and cost, while maintaining a loading order of efficiency and demand response, renewable energy resources, and clean and efficient fossil generation. Page 2 of 3 In 2011 the Board identified the following 15 initiatives to be prioritized over the next 3 -5 years. The initiatives identified are in addition to many other undertakings proposed by staff to address daily operational demands. We expect that these initiatives will continue to be discussed and refined by the Board. INITIATIVES FOR NEXT 1 -5 YEARS (Incremental to existing work) Prepare for new block load LBNL',poss'ibility Other large customer load PUB' City'- Community Initiatives Support PUB communication with Council Cost- saving opportunities and demonstration projects with City', Support AUSD EE efforts Organization Development Learning for Board and Employees Employee Recognition Workforce skills and succession plan Enhance service delivery infrastructure Improve warehouse storage Lower building carbon footprint Change Management Communication and preparation Update all reports (internal and external) Improve effectiveness and insight Update policies and procedures EE Strategic Work Plan Implement work plan Increase resources Develop strategic plan O Modernize delivery system IT Strategic' Plan' Road map for Advanced Technology Electric Vehicles —Get Ready Plan and Implement Business Case for Smart Grid What makes sense for Alameda? Page 3of3 EXHIBIT 2 Description of AMP's 15 Initiatives identified in 2011 For the coming years, in addition to the day -to -day wash of work that occupies the vast majority of the work load of most employees, AMP will work on the following 15 initiatives identified in the 2011 Board Strategic Workshop. Development of the 2011 initiatives expanded upon the 2010 work. Focusing on these initiatives meet the Board's overall direction for the short- to long -term as shown below: The descriptions of these initiatives are in different stages of completion. Some are more clearly defined and will be acted upon without significant additional discussion. Some will require interim steps to be taken and information to be gathered before a clear definition of the goal can be developed and major decisions can be made. The Board will continue to oversee and direct AMP staff in updating these initiatives. The overarching initiatives prioritized by the Board are Safety and Compliance: COMPLIANCE (Reliability and Other) Above all, Safety must be emphasized at all levels of the organization. Many AMP field employees work with high voltage equipment and safety must be part of the every -day culture of all employees. The safety of our employees is of paramount importance. AMP is on target to exceed its current safety record of 3 years without a loss time incident. Continued vigilance, training and oversight will remain a top priority. This year, we have added Compliance as an above the -line priority. In addition to compliance related to safety, new mandatory federal regulations related to electric reliability compliance have the potential to impose large penalties on AMP. Federal regulations that have been introduced since 9/11 and the 2003 Eastern United States blackout have given regulators the ability to not only impose mandatory electric reliability standards on all electric utilities but has also given them the ability to impose large fines as penalties. These new regulations have been promulgated by Congress and have a one size fits -all design. AMP will be audited in the early part of 2013. Compliance is related not only to electric reliability but also to all other parts of the business. Page 1 of 14 1. Update Existing RPS Policy Current policy is 40% and includes large 0 update RPS Policy current policy is 40% renewables including large hydro' hydro California passed SB2 (1x) mandating a 33% Renewable Portfolio Standard (RPS) by 2020 that applies to all publically owned utilities (POU's). AMP's current standard of 40 passed in 2003 and including large hydro, must be updated to comply with California statute. AMP's currently has 63% of its power FY 20'11 Energy Sources obtained from renewable Morgan Stanley STIG CT 1 resources. This exceeds both the 15% 1% 0% Geo1 current standard adopted by the Board in 2003 and as well as that Graeagle established by SB2 (1X). The 1% excess renewables could be WGStern 0% Goo 2 monetized to benefit AMP's rate 18% payers. Finally the City of Alameda, as part of the Local Climate Protection Plan (LCPP), has requested the PUB to Calaweras Richmond consider a 100% carbon -free 3% RPS. All of the above are driving s ang rug H Wind s Half Moon gay the update of AMP RPS policy. g W Keller Canyon goo The main factors that must be 3% evaluated when considering RPS policy alternatives are 1) financial factors including AMP's debt ratio and days of cash on hand and 2) rate impact including the competitiveness of AMPs projected rates as compared with PG &E's rates for probable load forecasts. The evaluation methodology will use Renewable Energy Credit (REC) sales and purchases to model the different RPS policy impacts. Staff will also evaluate the impact of RPS policies on the LCAP. Subsequent to finalizing an RPS policy, staff will evaluate the benefits of REC policies including short and long term sales, rate impacts after 2020 and explore options for those AMP customers that would choose to be served with 100% carbon free or renewable power. The Board has also directed staff to look into the opportunity to transfer (sell), on a short -term basis, the excess renewables we may have. The Board will engage in a discussion as to how the revenues could be utilized. Currently, the alternatives include, re- investing in aged elecric utility infrastructure, additional renewable power purchases in the future and enhanced utility customer programs. 2. Procure Net Short (Replace Morgan Stanley Contract) A 15 -year power purchase agreement (PPA) with Replace Morgan Stanley' contract Morgan Stanley that delivers 15 MW /hr 24/7 during expires in 2 and is 15 of existing supply' Q1 and Q4 will expire at the end of 2014. The procurement of this and additional power demand (see Surplus /Deficit chart), not Page 2 of 14 covered by the existing power portfolio resources, is on hold awaiting the adoption of a new RPS policy which will inform the procurement process. Further, AMP has 1 1 1 1' 1 1 1 1 '1' 1 r aeierminea inai ruiure procurement aecisions snouia incivae a prooamimic evaivaiion oT the impact of the proposed or alternative resources and will develop appropriate tools to facilitate this process. The RPS and the risk assessment tools will allow AMP to formulate and evaluate procurement strategies going forward as well a process and criteria for not only replacing the Morgan Stanley contract but for handling other future procurement decisions. Once appropriate resources and price points have been identified, AMP staff will adopt a suitable bidding and contracting procedure. This initiative currently assumes that market power will replace Morgan Stanley which is a market product and therefore includes steps to qualify bidders using a standard Edison Electric Institute contract amended as appropriate for AMP's needs. 3. Implement Rate Increases Implement Rate Increase Q UB conceptual approval of <5 °lo /yr for 2011, 12, 13 and 14 In May 2010 the PUB adopted a 5 -year rate adjustment plan. This initiative is intended to provide analytic support to this plan to ensure AMP continues to meet its financial criteria of a minimum of 145 days of cash on hand and a debt ratio of 1.75 and to have an understanding of the competitive impact of the planned rate adjustments as compared with PG &E's. The accompanying chart (presented to the Board in April 2011) shows that over the next 10 years, rates are expected to go up at a Page 3 of 14 Alameda M unicipal Per Projects E S urplus or Deficit Futu Fly Projection 5 10.E 4 2 us 0 0.09% -1 -3 tho -5 -10.0 -6 IL -9 �n -10 20.09 CL -11 lin -12 -13 CL -14 -15 -30.0% 201-2 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 IIIIIIIIII M W Surplus (Deficit) -Load Surplus (Deficit) the impact of the proposed or alternative resources and will develop appropriate tools to facilitate this process. The RPS and the risk assessment tools will allow AMP to formulate and evaluate procurement strategies going forward as well a process and criteria for not only replacing the Morgan Stanley contract but for handling other future procurement decisions. Once appropriate resources and price points have been identified, AMP staff will adopt a suitable bidding and contracting procedure. This initiative currently assumes that market power will replace Morgan Stanley which is a market product and therefore includes steps to qualify bidders using a standard Edison Electric Institute contract amended as appropriate for AMP's needs. 3. Implement Rate Increases Implement Rate Increase Q UB conceptual approval of <5 °lo /yr for 2011, 12, 13 and 14 In May 2010 the PUB adopted a 5 -year rate adjustment plan. This initiative is intended to provide analytic support to this plan to ensure AMP continues to meet its financial criteria of a minimum of 145 days of cash on hand and a debt ratio of 1.75 and to have an understanding of the competitive impact of the planned rate adjustments as compared with PG &E's. The accompanying chart (presented to the Board in April 2011) shows that over the next 10 years, rates are expected to go up at a Page 3 of 14 moderate pace, the debt coverage ratio is expected to exceed targets and operating cash is expected to remain over target. Specifically this initiative will continue to improve the expected to be Pro Forma model tool 6 250 develo p ed in FY 2011 and 5 200 develop additional analytic materials and tools processes and au 4 150 bb documentation. Further s 3 staff w i l l establish review 100 0 oC processes for each major 2 input to the rate analysis 1 50 0 including validation of labor- related, a AMP's load forecast, power cost model and the 2 2 70 2 1 10 1b 2 2 O N", IO 2 2 assumptions used in the Debt Coverage Ratio Debt Coverage Target 10 year Pro Forma. The Rate Increaser process and tools used to Days of Operating Cash Days of CashTarget allocate the average rate adjustment from the Pro Forma to AMPs rate classes and to compare with those of PG &E's for similar classes will also be updated. The Cost of Service Analysis and rate analysis results will inform the allocation of the average rate adjustment for FY 2013 -FY15. Additional rate structures may also be evaluated for FY 2013 and later. The chart to the right shows how AMP costs are expected to increase over the next 10 years. The chart shows that the majority of MWO costs are zo expected to be 8 in power supply, E materials and 0 services. Only g 0 W 15% of costs is a MWO expected to be labor- related, a $29= result that is almost the exact inverse of the QVU Equ:prrwnt Mahaial ard SMiMS to MY nebtservkr NT ranwnisMm General Fund 21M 21M 21M 2M 2M 2M 2= 2M 2= 21M budget. AMP's financial assessment showed that revenue increases were needed over the next five years due to higher power and transmission costs not controlled by AMP and lower sales. In the near term, AMP must replace an existing inexpensive power contract entered into in 2000, with a new contract that is expected to double or triple in cost. Transmission costs throughout the State also are expected to double mostly due to the cost of replacing and constructing facilities to connect to new renewable power Page 4 of 14 sources to meet the recent renewable portfolio standards requirement adopted by the state. Approximately 58% of AMP's forecasted cost increases over the next 10 years are attributable to uncontrollable power and transmission costs. These two factors could have resulted in double -digit rate spikes; however, staff's recommendations for small but steady rate increases spread over several years, was favored by the Board. Low rates are the primary reason that the City owns its own electric utility. Lower rates translate into more of customers' money `.J u Rate Projection Comparison: being available for other economic activity. Therefore, it is of vital importance for AMP to provide customer value through lower rates. The accompanying chart shows a projection of how AMP rates are expected to fare 20U 2013 W14 "is 2016 2017 2018 2019 20M 2021 against the neighboring utility's rates, given certain Over '10 years, A SAP maintains a rate advantage relative to PG&E. assumptions in AMP's 10 -year pro- forma. AMP rates are expected to continue to remain below PG &E rates, with residential rates approximately 24% lower and commercial rates 8% to 14% lower. These lower rates translate into an approximate $10 million value retained by the community, compared to neighboring utility rates. 4. Update Cost of Service Study Study New O RFP pdate cost of service study new rates Rates for Rate Structures for future &'cost of service update It has been many years since an external Cost of Service Analysis (COSA) on AMPs rates has been performed. AMP's rate principles require AMP to consider customer equity and competitiveness among other attributes when setting rates. An external COSA, which identifies enterprise cost causation and cost recovery, in conjunction with a rate analysis at current rates using the COSA output, provides this understanding. For example a COSA can be used to review current rates and understand whether the current allocation methodologies among customer classes should be updated. A COSA can also provide the input to rate analysis that can help utilities understand the impact of new rate structures. For example, Smart grid technologies give utilities the ability to offer radically different rate structures. In addition to the COSA, AMP believes it is important to perform, a survey of the impact of both new technologies and rate structures, and to look more closely at those that might benefit AMP's customers in the future. To meet these objectives AMP is preparing a Request for Proposals (RFP) to seek bids on completing Page 5 of 14 MP System Average &E Average 30 LS W 5 0 JW 1 I ource of PG&E Data BSI I (NCPA) Page 5 of 14 the scope of work described generally above. The RFP breaks the scope of work into several phases each of which require the involvement of AMP staff to evaluate options that will ultimately determine the final project deliverables. At issue is the need to secure relevant recent interval data to support the project, a need which is being addressed on a parallel path with this RFP process. As many decisions regarding AMI and the suitability of various rate structures are dependent on the results of this project, work will begin as soon as a consultant is selected. 5. Get Audit Ready Get Audit Ready NERCNVECC 2012 Audit NERC/WECC 2013 Audit Compliance Plan by',CY1 1' Compliance Plan by CY2011 National Electric Reliability Corporation (NERC) compliance governs the safe and reliable operation of the bulk electrical system. Reliably Public Power Provider (RP3), an American Public Power Association (APPA) program, provides a blue print of best practices for safety, reliability, work force development and system improvement. Other compliance models govern proper financial reporting practices. A successful culture of compliance is achieved when all employees take personal accountability for developing and /or following procedures; recording prescribed activities, embracing a questioning attitude, and fostering organizational learning. AMP will be audited by NERC in the first half of 2013. In addition to getting ready for this audit, this initiative ensures that prioritizing compliance for all aspects of the business is established at the highest governance level, in line with utility best practices. Enhance outage restoration effectiveness Enhance outage restoration effectiveness and Enhance technology options and procedures Continue focus on 5- year' O&M cycle Asset replacement Enhance technology options procedures Continue focus on 5 -year O &M cycle Asset replacement Proactive reliability that utilizes planned installation of technology and procedures to increase reliability and decrease outage duration and planned reactivity to restore quickly, safely and in compliance with established standards. Use of historical data to track outages and identify outage trends based on circuit, environmental conditions, cause and location is necessary. Performing system health analysis to identify fuse coordination problems, conductor choke points and areas in need of greater flexibility (installation of switched transformers, remote monitoring equipment, automatic sectionalizers, etc.) is planned. The current capacity of the telephone trunk system is limited to 300+ simultaneous calls. During large outages AMP receives hundreds of calls and when the trunk lines are taxed to capacity, customers will receive busy signals. This affects customer satisfaction levels, as customers have stated that proactive outage communication is a valued service. Implement internal procedures for enhanced communication and 21st Century, a vendor supplied call overflow and notification system which includes texting, email, social media, and alert capability. This initiative is closely Page 6 of 14 connected to Initiatives 7 and 8. The accompanying charts show AMP's reliability measures over the last 10 years displayed in two different perspectives. The first perspective shows the average duration of an outage and the second perspective shows how many times a customer experiences an outage. Since many outages occur on a localized basis impacting only a few customers, using averages are just one way of showing how AMP fares on a system- wide basis. The charts show that from a outage- duration perspective, AMP ranks in the top quartile of Western utilities and from an outage- frequency perspective, AMP is better than average. ystern Averaje Interruption Duration Index 41DI) 'IO-Yr History ForfhcseAW cu experience an oufage,the average duration ofihe outage 140.00 12010 100.00 3 00.00 60 -00 40.00 20.00 0.00 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 *Base on u1 Year YTD WbS1NnRe 3.50 3.00 ro 1, 2 -00 0 1.50 0 *11 1.00 0.50 0.00 S Average InlBumption Frequency Index (SR) 10-YF His ry 'Me a*erage number of des that an AW custo� exp efiences an outage in a year is-- 2002 2003 2004 2005 2000 2007 2000 2009 2010 2011 lbw d on af Yea r YTD WbS1NnRNfiM Page 7 of 14 7. Modernize delivery system /T Strategic Plan 0 Modernize delivery system IT Strategic Plan Roadmap'for Advanced Technology Roadmap for Advanced Technology Electric Vehicles Get Ready Plan and Implement EV get ready plan and implement An all- encompassing, holistic, strategic approach is needed to assess current IT infrastructure and current and future needs. The result would be the development of an IT business plan, taking into consideration future business models and needs for the integration of advanced technology and the potential of smart meters. The IT infrastructure builds the communication platform needed to support future business objectives so we have integrated systems to build on. As this initiative is a main task associated with the Smart Grid Business Plan (Initiative 8) and Enhancing Technology Options (Initiative 6), it is an important step to ensure we are strategically preparing the IT structure of the organization. At AMP, we have taken a second -mover philosophy related to the newer technologies and are in the process of evaluating proven technologies that can be implemented in the near future. We are of course focused on the advanced technologies that are related to the distribution system. Advances in the generation and transmission system of the supply chain are addressed through our advocacy in legislative and regulatory forums. Additionally, many of the technology changes to the generation and transmission systems are out of our control and we will be price and product takers. The chart shows Page 8 of 14 one schematic of smart grid technologies presented at the Board's 2011 Strategic Planning workshop. In short, technology will impact the electric utility industry over the coming decade in revolutionary ways. The impact on AMP will be seen in the distribution system and in the customer interface. Our general plan is to take small steps, implement proven technologies on the distribution system soon and evaluate the business case and implementation plans for the more cutting -edge technologies in a more deliberate pace. 8. Business Case for Smart Grid What makes sense for Alameda? Business case for smart Grid What makes sense for Alameda? Smart Grid is tied to Advanced Technology and Initiatives 6 and 7. The utility infrastructure is changing from a one way communication system to a two way communication system. As new technologies are being introduced the level of uncertainty increases as we do not know which technology will emerge as the winner. Developing a business model and plan will allow AMP to find an Alameda solution and manage the implementation of the Smart Grid. The highlights for this year's workshop stressed that changes over the next 5 years or sooner require AMP to be proactively engaged to modernize the Alameda Power delivery system. Advanced Technology in the utility space includes an all- encompassing term called "Smart Grid A Smart Grid uses advanced digital devices for two -way communication to enhance the speed at which data is collected and affects all areas of the operation. At the current time, there exist proven technologies, tools and techniques available now knowledge capable of making the grid work far more efficiently. Additionally, there are technologies that are not yet proven, but that are in various stages of being tested that have the potential to transform the grid and: Ensuring its reliability to degrees never before possible Maintaining its affordability Reinforcing our economic competitiveness Fully accommodating renewable and traditional energy sources Potentially reducing our carbon footprint Introducing advancements and efficiencies yet to be envisioned 9. Prepare for New Block Load L BNL Other large customer load Prepare for new block load LBNL',possibility The Board has directed staff to undertake ether large customer Toad appropriate actions with the City to attract Lawrence Berkeley National Laboratory's second campus to the City. Of the six sites being considered, Alameda is the only site that has its own municipal -owned electric utility. AMP was selected for the short list for siting of LBNL's second campus. The second campus could at maximum, double the electric power load for Alameda over a period of 15 years. In preparation AMP is seeking a path forward that would manage the risk of serving a customer of this size while Page 9 of 14 providing customer service at a fair price. More specifically AMP is developing a wholesale power supply strategy which includes energy and infrastructure (e.g. N -1 transmission service to LBNL owned substation) for LBNL which ensures AMP does not lose money nor creates a situation whereby other customers could potentially secure wholesale service and bypass AMP rates. Should LBNL choose Alameda, AMP believes additional large customers may follow. In preparation AMP is developing facilities and interconnection agreements (and any other necessary agreements) as well as updating the existing A4 rate, for customers of 4 MW and larger, to mitigated risk and to ensure equitable cost recovery. Maintaining AMP's lower rates and higher reliability are the most effective incentives that the Board can offer to foster business attraction and retention. However, in addition to these advantages, AMP also provides an additional economic development discount rate that provides a 15 10% and 5% discount to qualified new business customers over a 3 -year period. 10. PUB- City- Community Initiatives Identify value -added opportunities to engage, partner, communicate and participate in shared goals with the City, PUB City Community Initiatives Community, and other stakeholders and QD Support PUB communication with Council associations. Cost saving opportunities and demonstration projects with City Support A'USD EE efforts As a local community utility, a portion of AMP's annual revenues contribute to the community to fund City services. In addition to customer value (lower rates, higher reliability, environmental stewardship), the utility's value to the City must be planned for and communicated to the City Council and community. Over $4 million is transferred to the City's General Fund via the General Fund Transfer, Payment in Lieu of Taxes (PILOT) and Return on Investment (ROI). The annual combined General Fund transfer and PILOT /ROI total approximately 8% of AMP revenues. AMP's financial advisor, in a presentation made to the Board last year, showed that the average transfer of A- rated utilities is about 6.8% of revenues (since this presentation, AMP has been upgraded to A The table to the right shows the components of AMP transfers and cost allocations. All AMP costs, including employee salary and benefit costs are funded by ratepayers, as shown in the table to the right. Page 10 of 14 Budget FY 2012 General Fund Transfer $2,800,000 PILOT ROI $1,300,000 City cost allocation City direct cost Insurance -P &L Rent warehouse, Etc. $630,900 $100,000 $175,000 $198,200 Garage fees &sewer $73,950 Total $5,278,050 AMP PERS cost AMP benefit cost Total $980,000 $2,338,300 $3,318,300 Page 10 of 14 The table below shows the contributions to the City as a fraction of General fund revenue and expenses AMP Transfers and Cost Allocation as of City Budget General Fund Revenue 72,524,530 (FY1 1 estimated) General Fund Expenses 62,085,585 (FY1 1 estimated) %ofGF %ofGF Revenue Expense General Fund Transfer 2 3.9% PILOT /RO I 1 1.8% Subtotal 4,100,000 5.7% Subtotal with cost allocations 5 7.3% 8.5% The value of lower rates in terms of dollars that are retained in the Alameda community is about $10 million as shown in the table below. AMP Rate Advantaae Value AMP average rate PG &E average rate 0.13513 /kWh 0.16224 /kWh AMP load Value of lower AMP rates 386,000 kWh $10,464,460 This initiative also deals with supporting and enhancing PUB communication with the City Council; engage in partnerships with the City and Community for cost saving opportunities, demonstration projects, economic development opportunities, and energy efficiency /GHG reduction initiatives. Most recently, AMP has completed a comprehensive energy- efficiency survey for all City facilities (funded partly via ARRA Stimulus Funds and AMP rebates) and is prepared to offer loans to the City for implementation. Page 11 of 14 11 Organizational Development Learning for Board and Employees; Employee Recognition; Workforce I Organization Development V V n, orkforce skills and succession plan Learning for Board and Employees Employee Recognition Workforce skills and succession plan This initiative deals with proactively developing a learning environment with exposure to external educational opportunities and team building to prepare employees and the Board for changes in the utility industry. Additionally, as the changes within the electrical industry continue to transform the industry, specific technical and other skill sets will be required of staff. Several job descriptions have not been updated and do not accurately reflect the current responsibilities and skill set required of the position. The changes are a result of increased regulatory and operational demands, advancements in technology, and communication needs, at AMP and throughout the industry. Having skilled staff is critical when undertaking advanced technology and /or other critical initiatives and requires training to ensure staff is equipped with the right tools and training needed. Taking a proactive position on utility workforce issues will prevent taking a reactive position in response to a negative triggering event. AMP currently has 91 employees. The labor force is at levels below its 1998 staff count. This headcount is comparable to the headcount in the early 1990s, almost 20 years ago. AMP Staff Positions by Budget Year 140 120 100 80 60 40 20 0 Electric Telecom Electric and Telecom I �e 1 �,dp I �dp dp I �,'df N la N 9P ro re 4C�e I o kA e<A 4(� 'r< e <k <1 The work load and complexity of running the utility has increased and the implied increase in productivity is something we are pleased with. Page 12 of 14 The average age of AMP staff is about 48 and with 29% of personnel currently surpassing age 55 and of retirement age; we must take steps to ensure that we have the right skills and policies to keep the utility providing existing service levels, let alone increased service levels. An additional 14% of the workforce will turn 55 within 5 years, totaling 43% of AMP's workforce that are eligible to retire within the next 5 years. The 43% represent a wide range of expertise and are dispersed among all bargaining units; 18% MCEA, 15% IBEW, and 10% ACEA. AMP's workforce is its biggest asset and proactively identifying and planning for current and future staffing needs are critical to achieve organizational objectives. In order to effectively execute the above initiatives and, more importantly to prepare the utility for the future demands and challenges facing the industry, workforce succession planning is of high priority (Initiatives #11 #13). Attracting, hiring and retaining a qualified workforce by providing competitive salaries, benefits, opportunities, tools, and job satisfaction is required. 12. Enhance service delivery infrastructure Improve warehouse storage; Lower building carbon footprint Enhance service delivery infrastructure improve warehouse storage Enhancing the service delivery infrastructure will lower building carbon footprint allow AMP to serve its customers in a more efficient manner. Right sized procurement, storage, and tools will allow AMP to serve the needs of customers and employees in a more efficient manner. This initiative will involve upgrading existing building facilities to improve customer and employee experience. Service Delivery will also benefit the AMP workforce by investing in the workplace. Examples include renovating conference rooms to allow for a more efficient use of space; consolidating AMP space and storage; and enhancing the 2000 Grand St lobby. 13. Change Management Communication and preparation Change management at AMP is needed to address change Management critical issues, risks, and opportunities associated communication and preparation with organizational needs, regulatory demands, increased customer expectations, employee effectiveness, professional development, and job satisfaction. As the changes being described in these initiatives are implemented within the organization, care must be taken to effectively communicate the reasons for these changes to employees and other stakeholders. A deliberate plan must be developed and implemented so that the changes being considered and implemented are understood in its proper context. Without a thoughtful plan, the chances of pushing the organization into chaos and /or inefficiency are high. Page 13 of 14 14. Update all reports (internal and external) Improve effectiveness and insight; Update policies and procedures. pdate all reports (internal and external Improve effectiveness and insight' Update policies and procedures AMP has numerous internal and external reports that are created on a regular basis that sometimes contain duplicative or incomplete information. Additionally, there are many instances when information is needed and it is not available. This initiative is being undertaken to allow AMP better access to data and information. It will allow us to gain knowledge and insight by finding the relevant data to make decisions. This initiative will include identifying gaps in current state of how we interact with information; develop a plan to mitigate these gaps and thereby provide excellent service to our internal and external stakeholders. This includes examining and improving how we access, manipulate, and report data in a manner that enhances our ability to carry out our respective missions /jobs. Certain policies and procedures have not been reviewed for consistency and effectiveness in many years. Other initiatives w i l l deal with some policy and procedure updates, and this initiative will look at all other policies and procedures. New technology and processes will be evaluated and utilized in this initiative. 15. EE Strategic Work Plan Implement work plan Increase resources Develop strategic plan; achieve AB2021 tar targeted goals and provide a robust energy EE strategic work Plan g g p gy 'Implement work plan efficiency program Increase resources Develop strategic plan' Implement the initiatives identified in the FY2012 2015 EE Work Plan which incorporates an organization -wide strategy. Components include regulatory reporting, advanced technology and tools, customer outreach and community workshops, partnering with other local, City, and State agencies on EE initiatives, working with key stakeholders, and piloting new programs and services. Page 14 of 14 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -OCTOBER 4, 2011- -7:00 P.M Councilmember Johnson led the Pled of Alle Ma Gilmore convened. the meetin at 7:04 p.m. ROLL CALL Present: Councilmembers Bonta, deHaan, Johnson, Tam and Ma Gilmore 5. Absent: None. AGENDA CHANGES (11-456) Ma Gilmore announced the g olf items [para number 1 1- were continued to December 13, 2011. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS (11-457) Proclamation for Public Power Week. Ma Gilmore read and presented the proclamation to Alameda Municipal Power General Mana (11-458) Proclamation Reco Citizen Emer Response Team (CERT)/Earth Preparedness. Ma Gilmore read and presented the proclamation to Fire Captain Sharon Oliver and CERT members Fred Blas, Jerr Juhala, and Tom Schweich. (11-459) Proclamation Declarin October 2011 as Cancer Awareness Month. Ma Gilmore read and presented the proclamation to Firefi Jeff Del Bono and Gail Thomas. (11-460) Proclamation Declarin October 2011 as Disabilit Awareness Month. Ma Gilmore read and presented the proclamation to Leslie Kron Commission on Disabilit (11-461) Presentation of Certificates of Appreciation to the Ma Fourth of Jul Parade Committee Members. Ma Gilmore continued the item. ORAL COMMUNICATIONS, NON-AGENDA Re Meetin Alameda Cit Council October 4, 2011 11-462 Sandy Sullivan, Alameda (submitted comments Mary Anderson, Alameda; Gregg deHaan, Fernside Homeowners Association; and Ashley Jones, Alameda, commented on the Memorandum of Agreement [paragraph no. 11-47 11 -463) Linda Fenn, Friends of the Alameda Animal Shelter (FAAS), Christa Nicholas, Alameda; and Janet Davis, Alameda, commented on the animal shelter. (11 -464) Ken Peterson, Alameda, announced that photos of 4 of July parades would be on display at the Ken Betts Center. CONSENT CALENDAR Councilmember Tam moved approval 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 -465) Minutes of the Special and Regular City Council Meetings, and the Special Joint City Council and Community Improvement Commission Meeting Feld on September 6, 2011; and the Special City Council Meeting Held on September 7, 2011. Approved. *11 -466) Ratified bills in the amount of $3,270,915.48. *11 -467) Recommendation to Approve a Consultant Agreement for $43,500 with HF &H Consultants, LLC, for the Annual Integrated waste Management Rate Review, Analysis of Contractor's Compensation Application, and On -Call Services. Accepted, *11 -468) Recommendation to Approve a Consultant Agreement for $56,689 with west Advertising, Inc. for Preparation and Production of Multi -Media Advertisements for Website and written Publications. Accepted. *11 -469) Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for the Sewer Pump Station Backup Generator Installation Project, No. P.W. 04- 10-10. Accepted. (*11-470) Recommendation to Ratify the Public Utility Board's Approval of Renewable Energy Certificates Transfer Agreement between Northern California Power Agency g Y and Alameda Municipal Power and Authorize the General Manager of Alameda Municipal Power to Execute the Agreement. Accepted. *11 -4 ordinance loo. 3035, "Authorizing the Execution of Lease of Real Property p Y between the City, as Lessor, and Alameda Swimming Pool Association, as Lessee, for Swimming Pool Facilities at Lincoln and Franklin Parks." Finally passed. Regular Meeting Alameda City Council 2 October 4, 2011 REGULAR AGENDA ITEMS -472 Public Hearing to Consider Resolution No. 14622 "Amending Master Fee Resolution No. 12191 to Add and Revise Fire Fees." Adopted. The Interim Fire chief gave a brief presentation. In response to councilmember Johnson's inquiry, the Interim Fire chief stated the service fee for more than 200 new fire sprinkler heads would have a $479 flat fee and would be 1 for each additional head over 200. Councilmember Johnson inquired whether the suppression system and underground and aboveground tank fees would cover site inspections and code compliance visits, to which the Interim Fire chief responded in the affirmative. councilmember Johnson inquired who would be charged for failure to notify the city's dispatch division when testing an alarm, to which the Interim Fire chief responded the alarm company. councilmember Johnson Inquired whether multi- family false alarm fees would fall under the commercial category, to which the Interim Fire chief responded in the negative. Mayor Gilmore requested clarification on how the proposed fees compare to other jurisdictions. The Interim Fire Chief stated staff has researched fees for Hayward, San Leandro, Oakland, and Berkeley; Alameda's fees have been significantly lower; the intent would be to stay at least 5% below surrounding jurisdictions. The City Manager stated the exercise has been very helpful; service fees are charged in different ways; staff has been directed to keep fees 5% to 15% louver than surrounding jurisdictions; the same exercise would be done for all departments; the city cannot afford to be 50% to 00% lower than surrounding jurisdictions. Vice Mayor Bonta stated the strategy and approach make sense; inquired whether the proposed fees would adequately reimburse the value of the service and staff time, to which the Interim Fire Chief responded in the affirmative. Councilrnember Tangy stated a year and a half ago, council had an exhaustive conversation regarding the fee schedule; the importance of cost recovery was discussed; the entire cost was not being recovered at that time. councilmember Johnson inquired whether the proposed fees would cover calls for getting people out of elevators in commercial buildings, to which the Interim Fire chief responded in the negative. Regular Meeting Alameda City Council 3 October 4, 201 Councilmember Johnson stated the Fire Department receives cabs for leaky sinks .and broken water heaters, which are not the purpose of Fire Department .resources; inquired q whether there s a process for sending a letter first and then a bill, to which the Interim Fire Chief responded that he is not aware of such a process. Mayor Gilmore suggested that the Interim Fire Chief look into the ratter. Councilmember Johnson stated people should be billed if Fire Department resources are abused. The City Manager stated all fees would be reviewed. The Assistant City Manager stated direction was given in 2008 and something was passed at that time; the matter would be reviewed. Proponent with Revision to the Second False Alarm Fee. Robb Ratto, Park street Business Association. Vice Mayor Bonta stated staff should review fees charged by other cities that the City does not charge. Councilmember deHaan concurred with vice Mayor Bonta; stated the $520 false alarm fee [for each additional false alarm after four] is very steep. Mayor Gilmore stated being hit with a steep fee would almost guarantee that such a situation would not happen again; that. she is concerned that lowering the. fee might be more digestible for a business owner and they might become lax. Councilmember del -laan questioned whether residents are aware of the false alarm fees and whether fees are enforced. The Interim Fire Chief stated fees are being enforced under the current schedule; the Fire Department mould be out in the community this month, which would provide an opportunity to interact with businesses as well. In response to Councilmember deHaan's inquiry, the City Manager stated police fees have not been reviewed. Councilmember Johnson stated staff should distinguish between single family and small g y multi family units versus certain size apartments; Alameda has quite a few large apartment complexes; having alarms work is important; a lot of false alarms have involved large apartment complexes; perhaps large apartment complexes should have a higher false alarm fee. The City Manager stated the issue would need to be brought back to Council because Regular Meeting Alameda City Council 4 October 4, 2011 of noticing requirements or the issue could be revisited when the full fee schedule comes back for review. Mayor Gilmore stated that she prefers that the matter come back when the full fee schedule is addressed. Councilmember Johnson concurred with Mayor Gilmore. Councilmember Johnson moved adoption of the resolution with amendment to the false alarm fees for commercial and residential. Vice Mayor Banta seconded the motion. Under discussion, in response to Councilmember deHaan's inquiry, the Interim Fire Chief stated the third residential false alarm fee would be $203, $254 for the fourth alarm, and $620 for each additional alarm. On the call for the question, the motion carried by unanimous voice vote 6. -473 Public Hearing to Consider Resolution Flo. 14623 "Amending Master Fee Resolution No. 12101 to Add and Revise Civil Service Marriage Ceremony Fees." Adopted. The City Clerk gave a brief presentation. Mayor Gilmore stated the Council Chambers has been spruced up for marriage ceremonies; people would be getting more than before. The City Clerk stated [City Clerk] staff brought in personal items from home; the City has not been charged for any of the furnishings. Councilmember Johnson stated the Clerk's office is doing a great job; hopefully, people are aware of the service. The City Clerk stated the web site would be updated. The Assistant City Manager noted marriage ceremonies are now open to non residents. Councilmember Tam moved adoption of the resolution. The Acting City Attorney stated marriage ceremonies are not restricted to cost recovery and are an exception under Proposition 26. Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote 6. -474 Recommendation to Approve a Memorandum of Agreement between the City Regular Meeting Alameda City Council 6 October 4, 2011 of Alameda and Harbor Ba Isle Associates Re Application Proce and Preparation of Propert Exchan A Related to a Proposal for .L a nd.Exch. a n g e and Fundin for the Chuck Corica Golf Complex Course Improvements and New Sports Fields on North Loop Road; and (11 -474A) Recommendation to Accept a Report on the Status of the Cit Athletic Fields; and (11 -474B Recommendation to Approve the Major Deal Points for the A with KemperSports for the Maintenance and Operation of the Chuck Corica Golf Complex and Direct Staff to Prepare a Lease A for Cit Council Consideration. Continued to December 13, 2011. CITY MANAGER COMMUNICATIONS 11-475) The Cit Mana announced that the Plannin Board would address environmental impacts of the Harbor Ba Isle's proposed housin development on October 24 th and that the Cit received a letter of intent from Tar ORAL COMMUNICATIONS NON- AGENDA 1 6 1 1 L COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (11-476) Consideration of Ma Nominations for Appointment to the Youth Advisor Commission. Ma Gilmore nominated Emani Pollard, Mackenzie Prince, An Storm, and Sonia W. Xu. (11-477) Vice Ma Bonta announced upcomin Town Hall meetin that he would be holdin (11-478) Councilmember deHaan discussed g rass on the g olf course g reens. (11-479) Ma Gilmore announced that she attended the Lea of California Cities annual conference. 11-480 Councilmember Johnson stated the news about Tar submittin a letter of intent is g ood. (11-481) Councilmember Tam announced that she attended the Lea of California Re Meetin Alameda Cit Council 6 October 4, 2011 Cities annual conference. 4 -482 Mayor Gilmore stated that the City held a labor negotiation workshop last Tuesday; the workshop is available on the ebsite; Council meetings are also available for those Pads. The City Manager stated the workshop was terrific; thanked the Acting City Attorney for putting everything together. ADJOURNMENT There being no further business, Mayor Gilmore ore adjourned the meeting at 8:83 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 7 October 4, 2011 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -OCTOBER 11 1 2011- -6:00 P.M. Ma Gilmore convened the meetin at 6:05 p.m. Roll Call Present: Councilmembers Bonta, deHaan, Johnson, Tam and Ma Gilmore 5. Note: Councilmember Johnson was present via teleconference Absent: None. The meetin was adjourned to Closed Session to consider: (11- .)Public Emplo (54957); Title: Cit Attorne Followin the Closed Session, the meetin was reconvened and Ma Gilmore announced that no action was taken. Adjournment There bein no further business, Ma Gilmore adjourned the meetin at 7:00 p.m. Respectfull submitted, Lara Weisi Cit Clerk The a for this meetin was posted in accordance with the Brown Act. Special Meetin Alameda Cit Council October 11, 2011 UNAPPROVED MINUTES OF THE SPECIAL CIT COUNCIL MEETING TUESDAY- OCTOBER 11 2011- -7:00 P.M. (mayor Gilmore convened the meeting at 7.00 p.m. Councilmember Tara led the Pledge of Allegiance. ROLL CALL Present: Councilmembers Bonta, deHaan, Tarn and Mayor Gilmore 4. Absent: Councilmember Johnson 1. ORAL COMMUNICATIONS NON- AGENDA (1 1- Michael John Torrey, Alameda, suggested the meeting be adjourned in memory of AI Davis. (11 Corrine Lambden, Alameda, urged the Council to name the Beltline Property after Jean Sweeney. AGENDA ITEM 11- Review of Crown Beach Incident by FireChiefs.com, LLC The City Manager gave a brief presentation. Ruben Grijalva, FireChiefs.com, LLC, and Anthony Flare, Psy.D. gave a Power Point presentation. The Police Chief and Interim Fire Chief gave brief presentations. Proponents. Delores Berry, Alameda; Jeannette Lane, Alameda; Domenick Weaver, Alameda Firefighters Local 089; and Jon Spangler, Alameda. Opponents: Gail deHaan, Alameda; Notty Bumbo, San Francisco; Rosemary. McNally, Alameda; Adam Gillitt, Alameda; Carol Gottstein, Alameda; and Dawna Dowdell, Alameda. Neutral: Date Bernol. Vice Mayor Bonta left the dais at 9:11 p.m. and returned at 9:13 p.m. and Councilmember Tam left the dais at 9:12 p.m. and returned at 9:13 p.m. Mayor Gilmore requested that an update be provided in six months. Special Meeting Alameda City Council October 11, 20 1 1 The City Manager inquired whether Mayor Gilmore is requesting a follow up on the fourteen recommendations, to which Mayor Gilmore responded in the affirmative. The City Manager suggested that the matter come back to Council at the second meeting in February in order to provide a ninety -day assessment period; stated an additional report could be provided after an additional ninety days if tasks have not been Completed; the most important thing tonight has been the recognition of the family's testimony; there have been failures in the policies, execution, and culture of the organization. Mayor Gilmore stated that she does not want the report to be placed on a shelf and never addressed again. The City Manager stated staff mould come back regarding the fourteen recommendations; some recommendations might have budget impacts; that he apologizes for the failures; there has been a mistrust between the Police and Fire Departments in addition to administrative policy and coordination failures; the relationship needs to be rebuilt. ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 10 :02 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council 2 July 12, 2011 CITY of ALAM EDA Memorandum To: Honorable Mayor and Members of the City Council From: Fred Marsh Controller Date: October 20, 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 241 847 242241 (Vendor Checks) V23155 V23316(ACH Retiree Medical Benefit Reimbursements) EFT1090 EFT1096 (Vendor Wire Transfers) 21 91 40 242132 (Void Checks) GRAND TOTAL Respectfully submitted, Controller Council Warrants 11/01/11 $1,503,114.89 $124 $615,647.49 ($6,541.43) $2,236 BILLS #5 -B 11/1/2011 H N H N oo N N m w d D N d� N N d+ di N {y (y 0) 0) N N N A Q I w' I W I a I fx I W C7 PQ z I rl H (N x H a H u z o w U A a A W A W I W I �I Q I a i a4 I I W A W l l i I i I l I I W N I I I H F4 w A O w U H H U i I r I I a I a I Q I I }a I FC� I Rr A �D H z Lo H H r-i E-, W 0 U A U w A a N U W W W a U o H I 0 C) P4 U wrx H E -I N W C o a Ra N A I o0 H x di u) A H U N N r-I E� Ln oa)r- o diwo O OOOO Ln o O 01 w aD Noo r m c;vN' igvN omom o o H Q O0lDLn0(nN d 'diO m'd o di N N NOON w 0 H 0 d' r-I E- 00 0OONHd{00Om N m O Ln o o o H 0 m ❑1L(') 00 M Nd+o d+ d'01 N 0)NO o O d' NL(�laoC oC;C r7OH01 00 00 Cd o 0 Ln oo r- Ln No(N w cY) Lnto w Ln w r•wo N o Ln �t+ m01dim r r- 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Russo Cit Mana Date: November 1, 2011 Re: Accept the Annual Investment Report for FY1 0-11 In June 2002, the Cit Council contracted with Public Financial Ma Inc. PFM and Chandler Asset Mana Inc.,. for portfolio mana services for investment of the Cit "idle cash" in accordance with this polic Annuall the C..it Council adopts or reaffirms the Cit Investment Polic which establishes the objectives o Safet of Principal, Li and Yield. Additionall the polic limits investment in companies that produce or manufacture ci alcohol, or g amblin g products. DISCUSSION This a item reports on the results of the ninth y ear of the Cit mana portfolio b PFM and Chandler Asset Mana PFM, per contract, prepares this y ear-end "consolidated" report for both mana portfolios. Exhibit 1 The investment polic objectives, which were achieved durin this reportin period, areas follows: Safet of Principal- o Each investment held for the Cit has g ood credit q ualit y o Maturit distribution was structured to protect the portfolio ensurin a a volatile investment environment. Li o Portfolio diversification was enhanced to capitalize on the investment sectors and issuers offerin the g reatest value in the market Yield: o Exceeded the industr benchmarks to provide a solid return. Cit Counci A Item #5- 11-01-11" Honorable Ma and November 1, 2011 Members of the Cit Council Pa 2 of 2 Durin FYI 0--11, the portfolio reduced its investment position in U.S. Treasur notes and increased its position in Federal A securities and Corporate Notes. :As a result of these chan the portfolio's overall y ield was maximized, while still ma inta.inin excellent overall credit q ualit y Approximatel 67% of the portfolio remains in.t.he.o to three y ear ran of maturities, which is the point of best relative value in the present.market. The overall return for the mana composite portfolio as of June 30, 2011 was 1.68%, and since inception of the pro was 3.98%. This compares favo to the two- U.S. treasur rate of .46% as of June 30, 2011 and the Merrill L earnin since inception of 3.65%, a difference of 0.33%, or approximatel $273,000. FINANCIAL IMPACT The value added b emplo outside investment mana is the abilit to evaluate and focus on those maturities and sectors that ma offer the best relative value. The mana portfolio earned .33% more than the benchmark of 3.65%, demonstratin the. b e.nefit of this approach. In addition to earnin returns that exceed the benchmark, staff time is available to perform other functions thereb increasin department productivit MUNICIPAL CODE POLICY DOCUMENT CROSS REFERENCE This annual report on the Cit investments is in accordance with the Cit Investment Polic Accept the Annual Investment Report for FY1 0-11. Res:- ctfall submitte Kevin Kenned Cit Treasurer Approved as to funds and account, Fred Marsh Controller Exhibits: I PFM/Portfolio Review 2 PFM/Chandler Mana Account Detail of Securities Held on file in the Cit Clerk's Office cc: Chandler Asset Mana w/o exhibits PFM Asset Mana w/o exhibits City of Alameda Portfolio Review Fiscal Year 2010 -2011 PFM Asset Management LLC 50 California Street, Suite 2300 San Francisco, CA 94111 415 982 -5544 Accomplishments The City hired two investment advisors (PFM Asset Management LLC and Chandler Asset Management) in June 2002. FY 10/11 Strategies and Accomplishments: The City's combined securities portfolios had a total return of 3.98% for the fiscal year. 73% of the portfolio (excluding LAIF) is invested in securities issued or backed by the U.S. Government or its Agencies. The portfolio is highly rated. The portfolio is well diversified across issuers and sectors. Aggregate Portfolio Balances The portfolio complies with the City of Alameda's Investment Policy and with the California Government Code. U.S. Treasuries $16;602,402 20% 100% Federal Agencies $39,795,531 48% 75 °1° FDIC- Guaranteed Corporate Notes $4,140,402 5 °1° 30 °1° Corporate $21,309,1 3010 35 26% Notes /Bonds' Municipal Obligations $811,493 1 °1° 100 °1° Money Market Fund $117,661 <0.1% 20% 0) Y Aggregate Portfolio Distributions The City's portfolio is well diversified and has good credit quality. Sector Distribution Credit Quality Distribution as of June 30, 2011 as of June 30, 2011' U.S. Treasuries 20% r GSEs 48% Municipal Obligations 1% Money F Market Fund' <0.1% Medium -Term FDIC ti Corporate Guaranteed Notes Corporate 26% 5% 1. Ratings by Standard Poor's as of June 30, 3011. On August5 S &P downgraded the U.S. sovereign rating to AA The debtof Federal Agencies of the U.S. Government were subsequentlydowngraded to AA+ as well. Y Agency Sector Diversified Among Corporations Federal Agency securities make up 48% of the total portfolio. Agency securities are well diversified amongst the issuing government sponsored enterprises. Aggregate Portfolio Agency Holdings June 30, 2011 FNMA FFCB 35% 23% FHLB 16% FHLMC 26% 5 3 Aggregate Portfolio Maturity Distribution 50% 0 40% 0 0 0- 30% 0 a) Cz 20% a) U a) a_ 10% 0% Under 6 Months 6 12 Months 1 2 Years 2 3 Years 3 4 Years 4 5 Years 5 Years and Over Excludes LAIFand money market fund balances. CI Aggregate Portfolio Performance The City's aggregate portfolio has outperformed standard industry benchmarks since the advisors began managing the funds in 2002. Earnings Forecast 0.50% 0.40% 0.30% 0.20% 0.10% Median Forecast 1.46% Low Forecast 1.43% Bloomberg August Survey 2 -Year U.S. Treasury Forecast Oct 11 Nov 11 Dec 11 Jan 12 Feb 12 Mar 12 Apr 12 May 12 Jun 12 0.00% A Median Forecast Low Forecast Methodology and assumptions: Beginning Portfolio: The baseline for the projections is the existing portfolio as of 916111 using the actual yield- on- costofeach in vestment in the portfolio. Rein vestment Rate Assumption: For each maturity /call during the projectionperiod, we assume a rein vestment rate basedon a m arket forecast. For simplicity, these rates are based on the median and low forecast for the 2 -year Treasury note yield from Bloomberg's August2011 survey of economists. Cash Flows: We assume there are no cash flows into or out of the portfolio during the projection period. on Y Disclaimer This material is based on information obtained from sources generally believed to be reliable and available to the public, however PFM Asset Management LL cannot guarantee its accuracy, completeness or suitability. This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation. All statements as to what will or may happen under certain circumstances are based on assumptions, some but not all of which are noted in the presentation. Assumptions may or may not be proven correct as actual events occur, and results may depend on events outside of your or our control. Changes in assumptions may have a material effect on results. Past performance does not necessarily reflect and is not a guaranty of future results. The information contained in this presentation is not an offer to purchase or sell any securities. 7 CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: November 1, 2011 Re: Approve a One-Year Contract With ECS Ima Inc. in an Amount not to Exceed $32,859 for LaserFiche Services and Maintenance NKCfA aw,101111 The Cit contracts with ECS Ima Inc. for document ima servic The Cit Clerk's Office, the Finance Department, the Human Resources.. Department, the Recreation and Park Department, the Cit Attorne Office, and the Police Department all use LaserFiche to scan and retain public records. DISCUSSION The Cit has contracted with ECS Ima Inc. for a number of y ears. The current contract is expirin and now must be renewed. The attached one-ye ar contract is for $32,859, with the possibilit of extendin for four additional y ears with a cost escalator based on the Consumer Price Index. The total cost for five y ears, should the Cit exercise its ri to extend, is approximatel $164,000. FINANCIAL IMPACT The funds for this contract are bud in the Information Technolo Division account for up to 120 hours of on-site technical support and other maintenance services. (Fund 7047 account 07041-61060). MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE Pursuant to AMC Sec. 2-59.3, Cit Council approval is re because the contract will be in excess of $75,000 if renewed for the full five y ears. Cit Council A Item #5-D 11-01-11 Honorable Ma and Members of the Cit Council November 1, 2011 Pa 2 of 2 Approve a one- contract with ECS Ima Inc. in an amount not to exceed $32,859 for LaserFiche services and maintenance. Respectfull submitted, A j At Je Leon Kin Information Technolo Division Mana Approved as to funds and account, Fred Marsh Controller Exhibit 1. ECS Ima Inc. Consultant Agreement THIS AGREEMENT, entered into this first da of November, 2011, b and between CITY OF ALAMEDA, a municipal corporation (hereinafter referred to as "Cit and ECS Ima a California corporation, whose address is 3720 Sunn Drive, Ste. 200, Riverside, CA 92506 (hereinafter referred to as "Consultant" is made with reference to the followin RECITALS: A. Cit is a municipal corporation dul or and validl existin under the laws of the State of California with the power to carr on its business as it is now bein conducted under the statutes of the State of California and the Charter of the Cit B. Consultant is speciall trained, experienced and competent to perform the special services which will be re b this A and C. Consultant possesses the skill, experience, ability, back certification and knowled to provide the services described in this A on the terms and conditions described herein. D. Cit and Consultant desire to enter into an a for upon the terms and conditions herein. NOW, THEREFORE, it is mutuall a b and between the undersi parties as follows: TERM: The term of this A commence on the first -da of November, 2011, and shall terminate on the 31 st da of October, 2012, unless terminated earlier as set forth herein. Consultant shall perform each and ever service set forth in Exhibit "A which is attached hereto and incorporated herein b this reference. Consultant shall be compensated for services performed pursuant to this A in the amount not to exceed $32,859.00 set forth in Exhibit "B" which is i attached hereto and incorporated herein b this reference. Pa shall be made by checks drawn on the treasur o,'the Cit to be taken from the Information Technolo fund. J60 1,49 Consultant a to perform all services hereunder in a manner commensurate with the prevailin standards of like professionals in the San Francisco Ba Area and a that all services shall be performed b q ualified and experienced personnel who are not emplo b the Cit nor have an contractual relationship with Cit Cit and Consultant intend that the relationship between them created b this A is that of emplo independent contractor. The manner and means of conductin the work are under the control of Consultant, except to the extent the are limited b statute, rule or re and the express terms of this A No civil service status or other ri of emplo w.i.11 b e ac b virtue of Consultant's services. None of the benefits provided b Cit to its emplo includin but not limited to, unemplo insurance, workers' compensation plans, vacation and sick leave are available f Cit to Consultant, its emplo or a Deductions shall not be made for an state or federal taxes, FICA pa PENS pa or other purposes normall associated with an emplo relationship from an fees due Consultant. Pa of the above items, if re are the responsibilit of Consultant. 6. IMMIGRATION REFORM AND CONTROL ACT (I RCS Consultant assumes an and all responsibilit for verif the identit and emplo authorization of all of his/her emplo performin work hereunder, pursuant to all applicable INCA or other federal, or state rules and re Consultant shall indemnif and hold Cit harmless from and a an loss, dama liabilit costs or expenses arisin from an noncompliance of this provision b Consultant. M 3 !IIJU V J0110111 I Consistent with Cit polic that harassment and discrimination are unacceptable emplo conduct, Consultant a that harassment or discrimination directed toward a job applicant, a Cit emplo or a citizen b Consultant or Consultant's emplo or subcontractor on the basis of race, reli creed, color, national ori ancestr handicap, disabilit marital status, pre sex, a or sexual orientation will not be tolerated. Consultant a that an and all violations of this provision shall constitute a material breach of this A indemnification: Consultant shall in. demnif defend, and hold harmless Cit its Cit Council, boards, commissions, officials, emplo and volunteers ("Indemnirees") from and a an and all loss, dama liabilit claims, suits, costs and expenses whatsoever, includin reasonable attorne fees ("Claims"), crisin frorn:or in any manner connected to Consultant's ne act or omission, whether alle or actual, re performance of services or work conducted or performed pursuant to this A If Claims are filed a Indemnitees which alle ne on behalf of the Consultant, Consultant shall have no ri of reimbursement a Inclemnitees for the costs of defense even if ne is not found on the part of Consultant. However, Consultant shall not be obli to indemnif Indemnitees from Claims arisin from the sole or active ne or willful misconduct of Indemnitees. Indemnification For Claims for Professional Liabilit As to Claims for professional liabilit onl Consultant's obli to defend Indemnitees as set forth above) is limited to the extent to which its professional liabilit insurance polic will provide such defense costs. On or before the commencement of the term of this A Consultant shall furnish Cit with certificates showin the t amount, class of operations covered, effective dates and dates of expiration of insurance covera in compliance with para 10A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantiall I the followin statement: "Should an of the above insurance covered b this certificate be canceled or covera reduced before the expiration date thereof, the insurer affordin covera shall provide thirt (30) da advanc written notice to the he Cit of Alameda b certified mail, Attention: Risk Mana It is a that Consultant shall maintain in force at all times duri the performance of this A all appropriate covera of insurance re b this A with an insurance compan that is acceptable to Cit and licensed to do insurance business in the State of California, Endorsements namin the Cit as additional insured shall be submitted with the he insurance certificates. Consultant shall maintain the followin insurance covera (1) Was' Cow e n s atio n: Statutor covera as re b the State of California. (2) Liabili Commercial g eneral liabilit covera in the followin minimum limits: Bodil Injur $500,000 each occurrence $1,000,000 a all other Propert Dama $100,000 each occurrence $250,000 a If submitted, combined sin limit polic with a limits in the amounts of $1,000,000 will be considered e to the re minimum limits shown cbove. 3 Automotive: Comprehensive automotive liabilit covera in the followin minimum limits.* Bodil Injur $500,000 each occurrence Propert Dama $100,000 each occurrence or Combined Sin Limit: $500,000 each occurrence (4) Professional Liability: Professional liabilit insurance which includes covera for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B. SUBROGATION WAIVER: consultant a that in the event of loss due to an of the perils for which he/she has a to provide comprehensive g eneral and automotive liabilit insurance, Consultant shall look solel to his/her insurance for recover Consultant hereb g rants to Cit on behalf of an insurer providin comprehensive g eneral and automotive liabilit insurance to either Consultant or Cit with respect to the services of Consultant herein, a waiver of an ri to subro which an such insurer of said Consultant ma ac a Cit b virtue of the pa of an loss under such insurance. C. FAILURE TO SECURE: If Consultant of an time durin the term hereof should fail to secure or maintain the fore insurance, Cit shall be permitted to obtain such insurance in the Consultant's name or as an a of the consultant and shall be compensated b the Consultant for the costs of the insurance premiums at the maximum rate permitted b low and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: Cit its Cit Council, boards and commissions, officers, emplo and volunteers shall be named as an additional insured under all insurance covera except an professional liabilit insurance, re b this A The namin of an addition insured shall not affect an recover to which such additional insured would be entitled under this polic it not named as such additional insured. An additional insured named herein shall not be held liable for an premium, deductible portion of an loss, or expense of an nature on this polic or an extension thereof. An other insurance held b an additional insured shall not be re to contribute an toward an loss or expense covered b the insurance provided b this polic E. SUFFICIENCY OF INSURANCE: The insurance limits re b Cit are not represented as bein sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine ade covera for Consultant. Consultant warrants that it is not a conflict of interest for Consultant to perform the services re b this A Consultant ma be re q uired to fill out a conflict of interest form if the services provided under this A re Consultant to make certain g overnmental decisions or serve in a staff capacit as defined in Title 2, Division 6, Section 18700 of the California Code of Re Consultant shall not assi sublease, h or transfer this A or an interest therein, directl or indirectl b operation of law or otherwise, without prior written consent of Cit An attempt to do so without said consent shall be null and void, and an assi sublessee, h or transferee shall ac no ri or interest b reason of such attempted assi h or transfer. However, claims for mone b Consultant from Cit under this A ma be assi to a bank, trust compan or other financial institution without prior written consent. Written notice of such assi shall be promptl furnished to Cit b Consultant. The sale, assi transfer or other disposition of an of the issued and outstandin capital stock of Consultant or of the interest of an g eneral partner or joint venturer or s member or cotenant, if Consultant is a partnership or joint venture or s or cotenanc which shall result in changing the control of Consultant shall be construed as an assi of this A Control means fift percent (50%) or more of the votin power of the corporation. 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from cit is obtained, onl those people and subcontractors whose names and resumes are attached to this A shall be used in the performance of this A In the event that Consultant emplo subcontractors, such subcontractors shall be re to furnish proof of workers' compensation insurance and shall also be re to carr g eneral, automobile and professional liabilit insurance in reasonable conformit to the insurance carried b Consultant. In addition, an work or services subcontracted hereunder shall be subject to each provision of this A M ill l Consultant, at his/her sole expense, shall obtain and maintain durin the term of this A all appropriate permits, certificates and licenses includin but not limited to, a Cit Business License, that ma be re in connection with the performance of services hereunder. A. Each and ever report draft, work product, map, record and other I document, hereinafter collectivel referred to as "Report", reproduced, prepared or caused to be prepared b Consultant pursuant to or in connection with this A shall be the exclusive propert of Cit Consultant shall not cop an Report re b this A and shall execute appropriate documents to assi to Cit the cop to Reports created pursuant. to this A An Report, information and data ac or re b this A shall become the propert of Cit and all publication ri 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 fora 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 original, 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' I 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 preliminary 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 faith, then Consultant shall reimburse city for all reasonable costs and expenses associated with the supplemental examination or audit. 6. NOTICES: All notices, demands, 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: City of Alameda 2263 Santa Clara Avenue, Room 320 Alameda, CA 94501 Attention: Leon Kin All notices, demands re q uests, or approvals from City to Consultant shall be addressed to Consultant at: ECS Ima 3720 Sunn Dr., Suite 200 Riverside, CA 92506 Attention: Peter Herschelman 17. TERMINATION: In the event Consultant fails or refuses to perform an of the provisions hereof at the time and in the manner re hereunder, Consultant shall be deemed in default in the performance of this A If such default is not cured within a period of two (2) da after receipt b Consultant from Cit of written notice of default, specif the nature of such default and the steps necessar to cure such default, Cit ma terminate the Agreement forthwith b g ivin g to the Consultant written notice thereof. Cit shall have the option, at its sole discretion and without cause, of terminatin this A b g ivin g seven 7 da prior written notice to consultant as provided herein. Upon termination of this A each part shall pa to the other part that portion of compensation specified in this A that is earned and unpaid prior to the effective date of termination. Consultant shall compl with all state or federal laws an I d all ordinances, rules and re enacted or issued b Cit This A shall be interpreted under, and enforced b the laws of the State of California exceptin an choice of law rules which ma direct the application of laws of another jurisdiction. -1-he ,A and obli of the parties are subject to all valid laws, orders, rules, and re of the authorities havin jurisdiction over this A or the successors of those authorities.) An suits brou pursuant to this A shall be filed with the courts of the Count of Alameda, State of California. consultant shall not post, exhibit, displa or allow to be posted, exhibited displa an si advertisin show bills, litho posters or cards of an kind pertainin to the services performed under this A unless prior written approval has been secured from Cit to do otherwise, 2 1 A E E A waiver b Cit of an breach of an term, covenant, or condition contained herein shall not be deemed to be a waiver of an -subse breach 2-. Wei IVE...R.: A waiver b Cit of an breach of an term, covenant, or condition contained herein shall not be deemed to be a,waiver of an subse breach of the some or an ot her term, covenant, or condition contained herein, whether of the some or a different character. 22. INTEGRATED CONTRACT: This A represents the full and complete understandin of ever kind or natu whatsoever between the parties hereto, and all preliminar ne and a of whatsoever kind or nature are mer herein. No verbal a or implied covenant shall be held to var the provisions hereof. An mcclification of this A will be effective onl b written execution si b both Cit and Consultant. 22. INSERTED PROVISION.S.: Each provision and clause re b lam. to he inserted into the A be deemed to be enacted herein, and the A shall be read and enforced as thou each were included herein. If throu mistake or otherwise, an i I o such provision is not inserted or is not correctl inserted, the A shall be amended to make such insertion on,cpplication b either part 23. CAPTIONS.- The captions in this A are for convenience 'Onl are not a part of the A and in no wa affect, limit.or amplif the terms or provisions of this A IN WITNESS WHEREOF, the parties have caused the A to be executed on thle2, da and y ear firsf above written. CONSULTAN CITY OF ALAMtr-_-DA r� I A Municipal Corporation ECS I'ma 11 T it l e L CA" I f Tifie: RECOMMENDED FOR APIP'ROVAL: B Title: Information'. nologyMona AIPPROVED AS TO FORM: cit Attorne B T ine. Exhibi-L o',Alam--da Tiffan 11ac Cit-,,,: -Manaaer's Off-ice (510 74 -7 1 1 Direct Lire t i �.,j U a. C 1. a; at 1 1 c c-4 C a, ;-1 S T I ff-a n y n a --cription The fok oWinc�1 1S, d Of VOUr On Sits Technical Support Cov-racj-p 11-- to 1220 hOUrs of On Site" t.--C-h.ni.,--a1 support fbff �'C)Ltr La,s,--rfiC-h.-- Soffivare Includes: City, vide On Site TeChnical Suppor-L all City. D�partment,,S a S 0 �1 I n C 1. U d C'S, Additi C o r, s u I t I n g o f s v ste m e de- S un Lip alt Ci D e p,-,mL mi e n t s Acciditional On Site TrainhiLl for all departm--nit -n e ited ticphone Laserfis-h- software te.-hni -al jn,C-hUd&-,S. t�nlkim rc-'Soonsc timile to I- hours fol 11C I nc ludIC S: F RE E Cop ies of Liscrf ichie- VP-rSi011l Llpgn-ad,--s It-111CILIdes: Anni-11--d LECS Xr,,Itv S 'stc� P 0, t d, I a Lr n s t',- Include -s: U. n 11i rnitz-,d FR-EE admission to QUarterl USen, Worksilops Up to 10 FREE admission to ECS AnPL1,2.1 USC-rS C 0 11 f C T C 11 C, Hard%\,,L-Li-.-- support, i, slerven-s SC-2unner-s I is NOT cov red Lffldel- this agreenn---- t. ho7vN --n �ar r-', atc-1 to Laserfict, t Lfl�) C,onligutratiolls Will b,- ov Ie �Ct that 'n, olves h--c -kvL1-e Se ECS hmc I 7 1, t i-f P M10 I D 9 a I I P� Z, ECS imaging Services to e Provided to the city of Alameda Exhibit B uan Des cripti on Price Each Taxable A mount I LF RME Server -MS SQL LSAP 4 20D Q4 2ao. D0 LF Add'1 Database -RME Server -MS SQL LSAP $600.00 600.00 27 LF Full user LSAP $130.00 3;60.D0 27 LF Sna p...... shod user LSAP $20 QQ $40. Da 60 LF Retrieval User .SAP $60.00 $2 6o E-mail Use 6.00 $26 8.00 LF l�or_A end LSAP $3Q0.Q $3 ....00.QQa0.o0 LF Web Access LSAP LF '�ebLink LSAP $'1 5Q0,Q0 $1 59 0,00 LF Plus Pl LSAT' $1 f a 0 D a Quick Fields U LSAT LF User N 2 0.0 0 L F Qu F Time Lookup and Va Package _ISAP I.I..."I"..' 20.QQ 20. LF Quick Fields -Zone OCR Validation Package LSAP $660.00 $56&00 LF Quick Fields-Ag LSAP $2,_D0o.00 $2,0 00.aQ 1 LF eco r conn 6 Pack $1,195.00 96 a Q 2 LF Scanconnec LSAP I w $33. QD $66.00 Annual EcS Priority Support/Consulting including 120 hours on site, remote, and unlimited phone support for in stalled LaserFlche version duri the period of 1110 1 /1 1 through 10131112 up t 112 of the hours for install of new version up dates. p $12 2.000.00 Finance Dept: Xerox 262 DocuMate color Scanner 33ppm/66ipm Scanner Maintenance serial 746TW107BU5M 400237 N/A Human Resources Dept: Xerox 262 DocuMate Color Scanner 33ppm/66ipm Scanner Maintenance serial 6 6TW 06623Q 400113 N/A Parks and Rec Dept: Xerox 262 DocuMate Color Scanner 33ppm/66ipm Scanner Maintenance serial 61 TWI 063G3Q 14001100 N/A t Lorne ero D ocuMate color Scanner 33ppm/66ipm Scanner Maintenance serial 701 TW6�17 6 N11 Police Dept: Xerox 262 DocuMate color Scanner 33ppm/66ipm Scanner Maintenance serial 607TW1 D6D6M 4 00003 N/A g' r L SAP= L.ase rFiche Software Ass urance Plan includes product updates and enhancements for 12 months. OP 1D: HH CERTIFICATE OF LIABILITY INSURANCE DATE (N1MfDDNYYY) 1 01051 THIS CERTIFICATE IS ISSUED AS A FATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE .CERTIFICATE HOLDER.. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER. THE COVERAGE AFFORDED. BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A, CONTRACT BETWEEN THE ISSUING INS RE.R(S AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies roust be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not cant rights to the certificate holder in lieu of such endorsements PRODUCER 760 NAME' CONT Marrs Maddocks Associates AI��IE: Insurance Svcs, Inc. #0818269 760-8044-0942 ©N Ext c rs� 1903 Wright Place. Suite #289 E MAIL Carlsbad, CA 9206$ PRODUCER Daniel E. Marrs, CIC CusToly ER it EM P R -3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHCV1N MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR I I ADDL. S. LTR TYPE OF INSURANCE i POLICY NUMBER POLICY EPP PO LICY ESP GENERAL LIABILITY A t C d CI GEI ER�,L IA LI7( 172SBA T67 10/01/11 10601/12 CLAIM: v1ADE OCCUR s Business Owners GE N' L AGGREGA TE LIMI T APPLES PER: L] IRI- POL i I =C;r� 1 AUTOMOBILE LIABILITY i s i ANY ALTO A. 1`��l D A!U T ODS I SC`H' -DULELD i ,`U T C ;S I 1 A P X H €QED AUTOS '.72SBAKT6798 10/01/11 10681112 I v /N E D f'I... T0S s UMBRELLA L.IAB i C C EXCESS LIAR CLAIIrc f�A.IE DI= DUC'TIBLE WORKERS COMPENSATION DOCUMENT 'tJ1IITH RESPECT TO WHICH THIS AND EPA PLOY ERS' LIABILITY Y I N ANY PRCPR?ETC3R /PAR T N;- ER. �A IIAGE TO RENTED I P� 1i11 `a Pa F3.ccurre.nce- CFFICERI'21E :1BE;R EXCLUDED? N 1 A Mandatory i NH) I If yes, descnbe cinder I DESCRIPT10t vF OPERATIO 1S rWel ;sa f DESCRIPTION of OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is included as additional insured. Those usual to the insureds operations. CERTIFICATE HOLDER CANCELLATION City of Alameda Erin Garcia 2263 Santa Clara Aare Rrn 190 Alameda, CA 94501 D NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT 'tJ1IITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, LIMIT'S EACH OCCURRENCE P 2X0 0 �A IIAGE TO RENTED I P� 1i11 `a Pa F3.ccurre.nce- ++��gg'����++ gg��,gg�++�� i S ►3�.. 0,�. 0 I 'ED EXP (Any one perscni 41, 10 1 PERSONALL AD V NjURY S 2X0 F G AGGREGATE 4 PRODUCTS COMPIOP AGG S 4 COINIBINED SINGL LIMIT 1 i c j q 7 €g cciden j BO D €LY i (Per p sc BC L i INJURY (Pei acciden-t) lf€ PROPER TY DAMAGE (Per accident EACH CCCURRENC E AGGREGATE I5 ATLS- CTH- I �R„ L4Pv1 T ER 1 E.L. EACH ACCIDENT E.L- DISEASE EA FtvIPLOYFE 5 E.L. DISEASE. POLICY LIMIT I i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988 -2009 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD T LIABILITY DATE (MM/DD/YY) 10g07f 11 THIS CERTIFICATE IS ISSUED AS A MATTER. OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an .ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy}, cet"Lain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive, Suite #1100 CONTACT Aon Risk Services, Inc of Florida NAME, PHO No. E�ct 800- 743 -8130 FAX Nod: 800 522 -7514 Miami, FL 33131 -49:7 E-MAIL ADDRESS: ADP.COI.0 enter Aon_com PRODUCER 10762287 CUSTOMER ID INSURER(S) AFFORDING COVERAGE NAIC INSURED INSURER A. National Union Fire ns Co of Pittsl� =uf 19445 ADP TotalSource FL XV1, Inc. INSURER R 10200 Sunset Drive INSURER C: Miami, FL 33173 INSURER D: LIC /F ECS Imaging, Inc. 3720 Sunnyside Dr. #200 INSURER E: INSURER F: Riverside, CA 92506 COVERAGES CERTIFICATE NUMBER. 381950 REVISION UMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W'TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I_ INSR LTR TYPE OF INSURANCE ADDL INSR SUER VJV0 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDI"f M) DATE (MIVM#DDs'YYYY) GENERAL. LIABILITY EACH OCCURRENC= D CC3%4NIERCIAi- G=-NEPAL L 1 AB JIL ITY D C.LAI" S I� kDE G oc0J-R DAMAGE T O RENTED iISES Ea occurrence MED EXP (Any one person; P��. RSONPEL. ADV INJURY GENT AGGREGATE LlMiT APPLIES P =R GENERAL AGGREGATE PRODUCTS COMPIOP AGG C POLICY D PROJECT D LOC AUTOMOBILE LIABILITY 0 ANY AUTO COMBINED SINGLE LIMi T (Ea accien; D AU.. CENNED AUTOS D SCHEDULED AUTOS BODILY C INJURY (PG D }SIRED AUTOS BODILY INJURY (Per accident) D NOON CWNED AUTOS PROPERTY DAMAGE (Per accident) UT UAB OCCUR Er+CH OCCURRENCE EXCE SS LIAS CLAIMS -MADE f1CGRECAr' D DEDUCTIBLE D RETENTION A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 1C 012442045 CA 07/01111 07;01112 z �Nlc sTAT OTHER TORY L A' T S ANY PROP RI ETC R. ;PAR`I"NERIEXECI TIVE OFFICPP MEnNEER EXCL IC)E�D NIA E.L. EACH .',CODE T 2,000,000 S 2,000,000 flMandatofy jr, NHi If esai ibe under E.L. DISEASE EA EMP -.CYEE C 2,0003000 p� tt����''��''��((';'� cc..�' ,,��FFnn D ESC R I PT I ON I ESCr� PTO �t R iLL� }yv ES E VY'/ Yr+� y/ L. DIS wEY SSE FOLIC i L t'ViIT DESCRIPTION OF OPERATIONS I LOCATIONS[ VEHICLES (Attach ACCRA 101, Additional Remarks Schedule, if more space is required) All worksite employees worKing for the above named client company. paid Linder ADP TOTAL. SOURCE. INC's payrol are covered under the above stated policy. E HOLDER CERTIFICAT HO CANCELLATION AN ELI:.ATION City of Alameda C ANY OF HE ABOVE DESCRIBED POLICIES BE ED BEFORE THE EXPIRATION D,�3 E 2263 Santa Clara Ave RIT3 190 THEREOF, NOTICE WILL BE DELIVERED IN A; ORDANCE 1A.ITH THE POLICY PROVISIONS. Alameda, CA 94501 AUTHORIZED REPRESENTATIVE 0 0 a o 6 ed tvie 2 n a 0 o L a C 2009109 C A ORD �'I9SS�009,CORI CORD t-tg h ts: reserved i riv, iA�- u name aiia iogo are reglsierea rnarKS OT AC,UNL) CITY OF ALAMEDA Memorandum To: Honorable Mayor and Me mbers of the City Council From: John A. Russo City Manager x� Date: November 1, 2011 Re: Ratify the Public Utility Board's Approval of the Third Amended and Restated Northern California Pager Agency Metered Subsystem Aqqregator Agreement 1� =T� At its October 17, 2011 meeting, the Public Utilities Board (Board) approved the Third Amended and Restated Northern California Power Agency (NCPA) Metered Subsystem Aggregator (MSSA) Agreement and authorized the General Manager to execute the agreement contingent upon the City Council's ratification of such agreement. Since the term of this agreement is open ended and could possibly exceed 15 years, the agreement must be ratified by the City Council as required by City Charter Article XII, Sec. 12 -2(A). DISCUSSION Alameda Municipal Power (AMP) is a member of NCPA. NCPA participates in the California Independent System Operator's CAISO) wholesale electricity markets to schedule, purchase, and sell power to meet the load serving obligations of AMP as well as nine other NCPA members. This aggregated group is officially known as the NCPA Pool and also as an aggregated Load Following Metered Subsystem. Current NCPA Pool Members are the City of Alameda, City of Biggs, City of Gridley, City of Healdsburg, City of Lodi, City of Lompoc, City of Palo Alto, Plumas Sierra Rural Electric Cooperative, Port of Oakland, and the City of Ukiah. The participation of NCPA and Pool Members in the CAISO electricity markets is governed by two separate agreements: the CAISO Tariff and the MSSA Agreement, The MSSA Agreement, which was originally executed by the City of Alameda in July 2002, defines the terms and conditions under which NCPA coordinates and executes aggregated Load Following Metered Subsystem operations with the CAISO, including load and resource scheduling, generator unit information sharing, outage coordination, emergency operations, interconnection standards, transmission access, safety and reliability, metering standards, market settlements, and other functions. The MSAA Agreement is a multi -party agreement CAISO, NCPA and NCPA Pool Members are Cit Council Agenda e Honorable Mayor and November 1, 2011 Members of the City Council Page 2 of 4 signatories) and it is subject to approval by the Federal Energy Regulatory Commission (FERC). Given that CAISO market rules are dynamic and subject to change, the 1MSSA Agreement must be updated from time to time to remain current with existin g market rules and business practices. The IMSSA Agreement last underwent major revisions in 2008 to reflect the CAISO's then pending implementation of its market restructuring, known as the Market Redesign and Technology Upgrade initiative, Those revisions were approved by the Board and City Council on December 15, 2008 and January 5, 2009, respectively. NCPA staff` has worked closely with the CAISO over the past year to develop the Third Amended and Restated IMSSA Agreement. The revisions, summarized below, are aimed at enhancing certain settlement provisions in the agreement and achieving consistency with current market rules and business requirements. Upon approval and execution of the agreement by each NCPA Pool (Member, NCPA will provide such approvals to the CAISO and then NCPA and CAISO will execute the agreement. once the agreement is' fully executed by all parties, NCPA will request that FERC approve the Third Amended and Restated 1MSSA Agreement with an effective date of January 1, 2012. The NCPA Commission approved the agreement at its August 25 201 meeting. A copy of the Third Amended and Restated IMSSA Agreement is on file at the City Clerk's office. Summaty of Ke Revisions Updates various administrative terms used in the agreement, including changes to contact representatives and business addresses; Adds a new provision stating that to the extent NCPA Pool [Members choose to schedule Resource Specific System Resources in the future, the I (SSA Agreement will now act as the Resource Specific System Resource Agreement between the Pool (Members, NCPA and CAISO; Adds new language allowing NCPA to approve amendments to the schedules of the IMSSA Agreement. This revision will allow NCPA to modify he implementing y p g schedules on an as- needed basis to stay current with CAISO market rules without first obtaining approval from each Pool (Member's local governing board. Amendments to articles (i.e., the body of the agreement) can only be made by written approval of the local governing boards of each Pool Member. This change to the amendment process is consistent with other NCPA business agreements including the NCPA Pooling Agreement, the Schedule Coordination Program Agreement, and the Facilities Agreement; Revises the process by which NCPA and CAISO exchange operational contact information to ensure the confidentiality and security of such information; Honorable Mayor and Members of the City Council November 1, 2011 Page 3 of 4 Adjusts various settlement provisions in the agreement to reflect structural changes to CAISD's Grid Management Charges, which will become effective on January 1, 2012; Updates various schedules in the agreement to be consistent with current business practices, Adds new Schedule 14(a) which lists each of the System Resources that will be recognized as load following resources; and Updates the MSSA Load Following Deviation Energy Formula to include the new Real Time CAISD Sale /Purchase settlement determinant. FINANCIAL IMPACT There is no new direct financial impact associated with Alameda's execution of the Third Amended and Restated NCPA MSSA Agreement. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. ENVIRONMENTAL REVIEW This activity would not result in either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment, and is therefore not a "project" for purposes of Section 21005 of the California Environmental Quality Act. RECOMMENDATION Ratify the Board's approval of the Third Amended and Restated Nothern California Power Agency Metered Subsystem Aggregator Agreement (on file in the City Clerk's Office) and Authorize the General Manager of AMP to execute the subject agreement without material change. Respectfully submitted, Girish Balachandram General Manager Honorable Ma and November 1, 2011 Members of the Cit Council Pa 4 of 4 B Brad Wetstone Sr. Ener Resources Anal Exhibit 1. Third Amended and Restated NCPA MSS A Agreement on file in the Cit Clerk's Office. cc: Public Utilities Board CITY OF ALAMEDA RESOLUTION NO. APPROVING THE THIRD AMENDED AND RESTATED NORTHERN CALIFORNIA POWER AGENCY METERED SUBSYSTEM AGGREGATOR AGREEMENT WHEREAS, Alameda Municipal Power (AMP) is a member of the Northern California Power Agency (NCPA) and is a signatory to the Second Amended and Restated NCPA Metered Subsystem Aggregator (MSSA) Agreement that has been in place since September 1, 2002; and WHEREAS, NCPA, acting as Scheduling Coordinator for the NCPA Pool, operates and schedules Pool Member resources and loads within an aggregated portfolio for the benefit of Pool Members including the City of Alameda; and WHEREAS, NCPA exercises its Scheduling Coordinator responsibilities for the NCPA Pool pursuant to the California Independent System Operator (CAISO) Tariff and the MSSA Agreement; and WHEREAS, the MSSA Agreement contains terms and conditions under which NCPA operates, schedules, and settles transactions in the CAISO markets; and WHEREAS, NCPA has worked closely with CAISO to develop .the Third Amended and Restated MSSA Agreement to enhance certain ..settlement provisions in the agreement, and to amend various sections of the agreement to be consistent with current market rules and business requirements; and WHEREAS, the proposed amendment will benefit NCPA Pool Members, including the City of Alameda, by further enhancing NCPA's ability to perform load following, streamlining the process for updating the schedules of the agreement, and ensuring the agreement remains consistent with CAISO market rules and current business practices; and WHEREAS, the NCPA commission formally approved the Third Amended and Ressated MSSA Agreement at its August 25, 201.1. meeting and authorized the NCPA General Manager to execute the agreement; and WHEREAS, the Public Utilities Board has reviewed and approved the agreement at its October 17, 2011, meeting and recommends that the City Council ratify its action as required by City Charter Section 12-2(A). NOW, THEREFORE, BE IT RESOLVED that the City council of the City of Alameda ratifies the action of the Public Utilities Board recorrmeding approval of the Third Amended and Restated NCPA MSSA Agreement and hereby approves the agreement. Resolution #5 -E CC 11 -01 -11 BE IT FURTHER RESOLVED that the General Mana of Alameda Muncipal Power is authorized to execute the sub a without material chan 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 1 st da of November, 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 2nd da of November, 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From.- John A. Russo Cit Mana Date: November 1, 2011 Re Adopt a Resolution Authorizin the Cit Mana to Submit an Application to the Metropolitan Transportation Commission for the Allocation of $2.5 Million in Fundin from the 2012 Re Transportati Im provement Pro for the Broadwa Project and to Execute all Necessar Documents NOM-1111,0111 The Metropolitan Transportation Commission MTC administers fundi for Re Transportation Improvement Pro RTIP eli projects. ...After projects are selected b RTIP, the are submitted b the Alameda Count Tran Commission (Alameda CTC) to be included in the State Transportation I Pro (STIP). The Cit of Alameda received a $3 million dollar funding allocation from STIP, which was de-obli in 2008 b the Alameda CTC to add.r fu n.ding shortfall on another project in Alameda Count At the time of the de- obli of the funds, Alameda CTC committed to reinstate the STIP fundin to the Cit durin a. future STIP c In Au 2011, the California Transportation Commission approved .an estimated $29.5 million in RTIP fundin for Alameda Count jurisdictions. The. Cit submitted an application to reinstate the previousl de-obli fundin for the initial. phases. of project development on the Broadwa project. Due to limited STIP. undin the Alameda CTC was able to provide $2.5 million, with a commitment that.the remainin $500,000 would be made available onl to the Cit as a priorit in afuture STIP c To complete the application process, the MTC has re a. Resolution of Local Support for the partial STIP fundin for the Broadwa project. DISCUSSION The Broadwa project will restore re access to Interstate 880 that has been restricted since the Loma Prieta earth as well as address access needs for redevelopment of the former Naval Air Station at Alameda Point. The pro also involves the construction of a Bus Rapid Transit improvement from Alameda Point to Cit Council A Item #5-F Honorable Ma and November 1, 2011 Members of the Cit Council Pa 2 of 3 the 12th Street BART Station, with a g oal of providin ten-minute he Circulation and access improvements to Oakland Chinatown, Jack London S and Alameda, as well as improved connections between 1880 and the .Pos and Webster Tubes, will result in reduced con alon local streets in Alameda and Oakland. The project will also implement sustainabilit principles durin the desi construction, and operation phases of the project, thus minimizin environmental impacts. The Oakland Chinatown communit has expressed concerns about some of the conceptual desi elements in the pro Cit staff is workin closel with Alameda Count Supervisor Wilma Chan to address Oakland Chinatowni s concerns relatin to traffic circulation. A portion of the current STIP fundin re will support the communit outreach and en process as part of the environmental and desi phases. 1 9 01, MAN Z Us]: FMAI a I I a rMAT" I I The $2.5 million in STIP fundin will be applied towards the .%.initial de s.i and environmental phases of the Broadwa project. The total pro cost is estimated at $189.3 million and will re additional fundin f construction from various local, state, and federal sources. There is no impact to the General. Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. The project directl supports General Plan Polic 4.1.2.e, "Work with re state, and federal a t -develop plans for desi phasin fundin and construction of facilities to enhance multimodal cross-estuar travel, such as increased access to Interstate 880 (brid tunnel, or other vehicle connection) bikelpedestrian shuttles or hi occupanc vehicle-onl crossin (e. transit or carpool lane) to Oakland. ENVIRONMENTAL REVIEW No environmental determination is re b CEQA for the Cit to submit an application for fundin However, as part of the pro desi process, all appropriate environmental review shall be completed. Honorable Mayor and Members of the city Council RECOMMENDATION November 1, 2011 Page 3of3 Adopt a resolution authorizing the City Manager to submit an application to MTC for the allocation of $2.5 million in funding from the 2012 RTIP for the Broadway /Jackson project and to execute all necessary documents. Respectfully submitted, Matthew T. Naclerio r a Public Works Director Approved as to funds and account, Fred Marsh Controller cc: Watchdog committee James Haussener CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCTI-ON OF $2.5 MILLION IN FUNDING FROM THE 2012 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR THE BROADWAY /JACKSON PROJECT AND TO EXECUTE ALL NECESSARY DOCUMENTS A WHEREAS, the Cit of Alameda (herein referred to as."APPLICANT") is submittin an application to the Metropolitan Transportation Commission (MTC for $2.5 million in fundin from the 2012 Re Transportation. Impro Pro (RTIP) for the Broadwa pro (herein referred to as "PROJECT") for the MTC 2012 RTIP, as authorized b MTC. Resolution No. 4028 herein referred to as "PROGRAM" and WHEREAS, Senate Bill SB 45 Chapter 622,..Statutes .....1997) substantiall revised the process for estimatin the amount of. state and federal funds available for transportation pro in the state and for .appropriating and allocatin the available funds to these pro and WHEREAS, as part of that process, MTC. is responsi for pro projects eli for Re Improvement Pro funds, pursuant to. California Government Code Section 14527(b), for inclusion in the RTIP,.:and submission to the California Transportation Commission, for inclusion in the State Transportation Improvement Pro and WHEREAS, MTC will review and include, if approved, 2012 RTIP projects in the federal Transportation Improvement Pro TIP and WHEREAS, MTC. has re eli transportation pro sponsors to submit applications nominatin pro to be pro for Re Improvement Pro funds in the RTIP; and WHEREAS, applications to MTC must be submitted. consistent with procedures, conditions, and forms it provides transportation pro sponsors; and WHEREAS, APPLICANT is a sponsor of transportation pro eli for Re Improvement Pro funds; and WHEREAS, the RTIP Project Pro Re (PPR) form of the pro application, attached hereto and incorporated herein as thou set forth at len lists the project, purpose, schedule and bud for which APPLICANT Resolution #5-F CC 11-01-11 is re that MTC pro Re Improvement Pro funds for inclusion in the RTIP; and WHEREAS, Part 2 of the project application, attached hereto and incorporated herein as thou set forth at len includes the certification b APPLICANT of assurances re b SB 45 in order to q ualif y the project listed in the RTIP project nomination sheet of the project application for progr amming b MTC; and WHEREAS, as part of the application for 2012 RTIP fundin MTC re an resolution adopted b the responsible implementin a to state that the project will compl with the procedures specified in the "Timel Use of Funds Provisions and Deadlines" (MTC Resolution No. 4028, Attachment 1, Pa 14, and as ma be further amended). NOW, THEREFORE, BE IT RESOLVED, that APPLICANT approves the assurances set forth in Part 2 of the project application, attached to this resolution. BE IT FURTHER RESOLVED, that APPLICANT will compl with the provisions and re of the "Timel Use of Funds Provisions and Deadlines" (MTC Resolution No. 4028, Attachment 1, Pa 14, and as ma be further amended), that PROJECT will be implemented as described in the complete application and in this resolution and, if approved, forthe amount pro in the MTC federal TIP, and that APPLICANT and. PROJECT will compl with the re as set forth in the 2012 RTIP Policies and Procedures (MTC Resolution No. 4028). BE IT FURTHER RESOLVED, that APPLICANT will compl with the provisions and re of the Transit Coordination Implementation Plan, as set forth in MTC Resolution No. 3866. BE IT FURTHER RESOLVED, that APPLICANT has reviewed the project and has ade staffin resources to deliver and complete the project within the schedule set forth in the RTIP Project Pro Re (PPR) form of the project application, attached to this resolution. BE IT FURTHER RESOLVED, that APPLICANT is an eli sponsor of projects in the State Transportation Improvement Pro BE IT FURTHER RESOLVED, that APPLICANT is authorized to submit an application for State Transportation Improvement Pro funds for PROJECT. BE IT FURTHER RESOLVED, that APPLICANT has and will retain the expertise and knowled necessar to deliver STIP and federally-funded projects, and has assi a sin point of contact for all STIP and FHWA- funded projects to work with the CMA, MTC, and Caltrans on an q uestions or issues that ma arise durin the STIP and/or federal programmin and deliver process. BE IT FURTHER RESOLVED, that there is no legal impediment to APPLICANT makin applications for Re Improvement Pro funds. BE IT FURTHER RESOLVED, that there is no pendin or threatened liti which mi in an wa adversel affect the proposed PROJECT, or the abilit of APPLICANT to deliver such PROJECT. BE IT FURTHER RESOLVED, that APPLICANT authorizes its Cit Mana or desi to execute and file an application with MTC to pro Re Improvement Pro funds into the RTIP, for the projects, purposes and amounts included in the project application attached to this resolution. BE IT FURTHER RESOLVED, that a cop of this resolution shall be transmitted to MTC in conjunction with the filin of the APPLIC application referenced herein, alon with the name and contact information for the APPLICANT's sin point of contact. w 1N►: is November 1, 2011 To: Metropolitan Transportation Commission Fr: the City of Alameda Re: Eligibility for State Transportation Improvement Program (STIP) funds This communication will serve as the requisite opinion of counsel in connection with the application of the city of Alameda for funding from the State Transportation Improvement Program (STIP) made available pursuant to the State Transportation Funding Plan, Streets and Highways code section 163 et. seq. 1. The city of Alameda is an eligible sponsor of projects for the STIP. 2. The City of Alameda is authorized to submit an application for STIP funding for Broadway /Jackson Project. 3. 1 have reviewed the pertinent state laws and I any of the opinion that there is no legal impediment to the city of Alameda making applications for STIP funds. Furthermore, as a result of my examinations, I find that there is no pending or threatened litigation which might in any way adversely affect the proposed projects, or the ability of the city of Alameda to carry out such projects. Sincerely, City Attorney Print name RTIP Project application Part 2: certification of Assura The implementing agency certifies that the project for which Regional Improvement Program funding is requested meets the following project screening Criteria. Please initial each. 1. The project is eligible for consideration in the RTIP. Pursuant to Streets and Highways Code Section 164 (e), eligible projects include improving state highways, local roads, public transit, intercity rail, pedestrian, and bicycle facilities, and grade separation, transportation system management, transportation demand management, soundwall projects, intermodal facilities, and safety. 2. For the funds requested, no costs gave /will be incurred prior to adoption into the STIP by he CTC. 3. A Project Study Report (PSR) or PSR equivalent has been prepared for the project. 4. The project budget included in Part 2 of the project application reflects current costs updated as of the date of application and escalated to the appropriate year. 5. The project is included in a local congestion management program (CIVIP). (Note: For those counties that have opted out of preparing a CIVIP in accordance with Government Code Section 65088.3, the project must be Consistent with the capital improvement program adopted pursuant to IVITC's funding agreement with the countywide transportation planning agency.) 6. The year of funding for any design, right -of -ray and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project. 7. The project is fully funded. 8. For projects with STIP federal funds, the implementing agency agrees to contact Caltrans and schedule and complete a field review within sic months of the project being adopted or amended into the TIP. 9. For STIP construction funds, the implementing agency agrees to send a copy of the Caltrans LPP 01 -06 "Award Information for STIP Projects Attachment A" to IVITC and the CIVlA, upon award. 10. The implementing agency agrees to be available for an audit of STIP funds, if requested. The implementing agency also agrees to abide by all statutes, rules and regulations. applying to the State Transportation Improvement Program (STIP), and to follow all requirements associated with the funds programmed to the project in the STIP. These include, but are not limited to; 1. Environmental requirements: NEPA standards and procedures for all projects with Federal funds; CEQA standards and procedures for all projects programmed with State funds. 2. California Transportation Commission (CTC) requirements for transit projects, formerly associated with the Transit Capital Improvement (TCI) program. These include rules governing right -of -way acquisition, hazardous materials testing, and timely use of funds. 3. Federal Transit Administration (FTA) requirements for transit projects as outlined in FTA regulations and circulars. 4. Federal Highway Administration (FHWA) and Caltrans requirements for highway and other roadway projects as outlined in the Caltrans Local Programs Manual. 5. Federal air quality conformity requirements, and local project review requirements, as outlined in the adopted Bay Area Conformity Revision of the State Implementation Plan (SIP). I, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the City of Alameda in a re meetin assembled on the 1 St da of November, 2011, b the followin vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 2nd da of November 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA Memorandum To Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: November 1, 2011 Re Adopt a Resolution Approvin Parcel Map No. 10006 (2601-2901 Harbo ,Ba Parkwa ItOMENUOU On Jul 5, 2011, the Cit Council adopted Resolution No. 14608 and approved Tentative Parcel Map No. 10006, an existin 11 -acre propert subdivided into four individ parcels for the construction of the executive head for VF Corporation's lar division, VF Outdoor. The propert is located at 2601-2901 Harbor Ba Parkwa in the Harbor Ba Business Park. DISCUSSION The final parcel map has been reviewed and has been determined to be technicall correct and in substantial conformance with the approved tentative parcel. map, conditions of approval, and the General Plan. The site is partiall developed with.four buildi each with off-street parkin and landscapin Off -site improvements will be finall completed prior to the final inspection of the buildin The propert is sub to. a.de.clara.tion of easements (similar to covenants, conditions, and restrictions) that provide for reciprocal private easements for in e parkin maintenance and repair of the common mill areas, and for the provision of utilities. The declaration of easements be recorded concurrentl with the recordin of the parcel map. The applicant has deposited sufficient funds to cover char for the review and for a m cop of the recorded parcel map. A cop of the final parcel map is on file in the Cit Clerk's office. FINANCIAL IMPACT Approval of the final parcel map and resolution does not affect the General Fund. MUNICIPAL CODE POLICY DOCUMENT CROSS REFERENCE This action is authorized pursuant to Alameda Municipal Code Section 30-81.8 b Cit Coune A I t em 5 1 -0 1 -0 3 _1 Honorable Ma and November 1, 2011 Members of the Cit Council Pa 2 of 2 ENVIRONMENTAL COMPLIANCE VC In accordance with the California Environmental Qualit Act (CEQA this pro Environmental Impact Report Ells for the Harbor Ba Business Park, which includes this site, was approved and pursuant to CEQA Section 15162, no new si environmental impacts have been identified, nor have miti measures previousl found to be infeasible become feasible since the EIR was adopted; therefore no additional reivew pursuant to CEQA is re RECOMMENDATION Adopt a resolution approvin Parcel Map No. 10006 (2601- 2901 Harbor Ba Parkwa Respectfull submitted, Matthew T..Naclerio e Public Works Director B Philip Lee Assistant En Exhibit: 1. 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Lj M 0 D 0 Z LLI Z W LLJ LLA 0 CL 0 a. bi lwn Z (n z W W zi uj LLI W La V) z z LLI L0 z L) Lj _j 'j 0 w Z' Lai J P� �Lln' fE IS 0 M En LAj -.A w Z Z) LLI �:F V) 25 W z w w Z FZ LLI L) 0 5 U) Q7 W, Lq Z w VS wa: N LLJ M V) 13 _j cr o n: 0 0- =MZM m Z Z j zzu 0 <zz z 0�ow ui W C3 w L' l :2 m U-1 c3 I j Z 0 M P Q Q Z Z L) Lit CY- W D D D 0 _j m I= fr- U) z z 5 x S X -j V) w o- z z m>x m o n C X 0 0 0020< m 0 0 7) iy_ 7) M tL L� LLI 2 M LL M M u LLI Lj 2 'm m c- a- a- 0- w w 114 M Lq a: M (I: LL (6 CITY OF ALAMEDA RESOLUTION NO. APPROVING FINAL PARCEL MAP NO. 10006 (2601- 2901 Harbor Ba Parkwa WHEREAS, Tentative Parcel Map No. 10006 for four parcels w approved b the Cit Council per Resolution No. 14608 on Jul 5, 2011; and WHEREAS, Parcel Map No. 10006 has been found to be in compliance with the California Environmental Qualit Act. (CEQA), where. an Environmental Impact Report (EIR) for the Harbor Ba Business Park, incl.u.din this site, was approved and no new si environmental ..impact have.been identified, nor have miti measures previousl found be infeasible become feasible since the EIR was adopted; therefore, no additional review pursuant to CEQA is re and WHEREAS, the Cit En has reviewed the Fin Map and determined that the subdivision as shown thereon is substantiall the same as it appears on the Tentative Map and is technicall correct arid, therefore, has certified and transmitted Final Map No. 10006 to the Cit Cle rk for approval b the Cit Council; and WHEREAS, a Declaration of Easements for in e parkin and utilities over common areas, maintenance, and .repair of common areas will be recorded concurrentl with the recordation of the Fina.1 Parcel Map. NOW, THEREFORE, BE IT RESOLVED b the Cit Council of the Cit of Alameda that the Final Parcel Map No. 10006 be, and hereb is approved and permission g iven to the Subdivider to record same. Resolution #5-G CC 11-01-11 I, 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 1st da of November, 2011, b the followin vote to wit.- AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of said Cit this 2nd da of November, 2011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA Memorandum To Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: November 1, 2011 Re: Introduce an Ordinance Authorizin the Execution of a Lease for Real Propert between the Cit of Alameda, Lessor, and Karen Zimmerman and Ken neth..- lid .gerl (dba ABC Preschool) BACKGROUND On April 18, 2000, the Alameda Unified School District (A SD) co.riveyed. the Mastick School site propert to the Cit of Alameda. The Mastick School site houses Mastick Senior Center IVISC two apartments, as well as ABC Preschool, whi ch occupies two ad modular buildin and y ard area which are located directl behind M.SC at .1525 Ba Street. ABC Preschool has been in operation at this location since 1983. Karen Zimmerman and Kenneth Ed have been the proprietors. since June 1995 and are licensed to provide childcare services to children between .the .a es. of two. and six. The Cit assumed the Lease A between ABC Preschool. arid. AUSD .upon ac of the Mastick School site propert The A bet Tee n. ABC Preschool and AUSD expired on June 30, 2002. The Cit of Alameda. then.entered. into a three- Lease A with Karen Zimmerman and KennethEd eff e ctive Ma 1, 2003, with two, three- renewal options. Effective Februar 1,2.007,the Cit of Alameda exercised its option to renew the Lease A for. the. ffirst .three- term. On November 1, 2010, the Cit offered Karen Zimmerman and Kenn. Ed a 10-month Lease A That a terminated on September 30, 2011. DISCUSSION The new Lease A with ABC Preschool is for a three- period, and provides for two, three- options to renew. The monthl lease rent is $2,220, with an annual adjustment based on the April Consumer Price Index for the San Francis.co-Oakland- San Jose metropolitan area. This lon a will provide ABC Preschool Frith the continuit and stabilit re to operate the preschool. 61, A '61, ON The proposed Lease. A between the Cit of Alameda and ABC Preschool does not impact the General Fund, Lease rental revenues g enerated from ABC Preschool offset maintenance, operations, and improvements to the propert In addition, Cit Counc A Item #5 Honorable Mayor and Members of the city council November 1, 2011 'age 2 .of 2 revenues assist in offsetting staffing expenses at the Mastick Senior Center, thereby reducing the General Fund burden. RECOMMENDATION Introduce an ordinance authorizing the execution of a lease for real .property between the city of Alameda as Lessor, and Karen Zimmerman and Kenneth. Edgerly, dba ABC Preschool, as Lessee, for preschool operation at 1525 Bay Street, Alameda. Approved as to funds and account, mss` Fred Marsh Controller Exhibit. 1. Lease Agreement ORI GI N A L City of Alameda Lease Agreement This Lease Agreement is entered into on November t, 2011 by and between the City of Alameda, (hereinafter referred to as "LESSOR""), and Karen Zinu and Ken. Edgerly dba ABC Preschool, (hereinafter referred to as "LESSEE"). The parties agree as follows: 1. PREMISES /DES CRIPTION LESSOR does .hereby rent and lease to the LESSEE the premises described as two adjoined modular buildings, which includes two classrooms, two restrooms, kitchen, and outdoor play area located at 1525 Bay Street, City of Alameda, County of Alameda, State of California, (hereinafter referred to as "PREMISES"), as further described in Exhibit A. TERM The term of this Agreement shall commence on November 1, 2011, and shall be for three (3) years. The City shall retain the option to renew the Agreement for two (2) three -year terms. Should the Lease Agreement hold over after the expiration of the terra of this Agreement, such holding -over shall be deemed to be a tenancy fro m month -to -month at the herein stated prescribed rent, subject to all terms and conditions of the Agreement. 3. ENT: As consideration for this A eeinent, beglrming with the commencement date the L E S SEE agrees to pay to LESSOR the stun of Two Thousand, one frmdred Dollars ($2,200) per rnontli on or before the first day of each month. The City shall adj ust the rent ann ually based on the April Con.sw er Pri ce Index for the San Francisco Oakland -San Jose Metropolitan area.. 4. SECURITY DEPOSIT LESSEE will deposit the sure of one month's rent with the LESSOR as a security deposit on or before the commencement date to secure LESSEE'S obligation under this Agreement. LESSON. sliall continue to hold such security deposit to secure LES SEE' S performance under the Agreement, 5.. TAXES LESSEE recognizes and understands that this Agreement i'llay create a possessory interest subject to property taxation and -that LESSI4,'I may be subject to the payment n1ent of property taxes es evied on such interest. LES SEE a to i,Ja taxes of any kind, including possessory interest taffies, that may be lawfully i assessed on the lease hold interest hereby created and to pay all, other taxes, excises, licenses, permit charges and assessments based. on LESSEE'S usage of the PREMISES that maybe unposed upon LESSEE by law. 6. DELIVERY AND CONDITION OF PREMISES The taking of possess of the subject premises by td le Lessee shall constitute acknowledgment that the subject prenuses are in good and tenable condition. The Lessee agrees to accept said PREMISES in `gas is" condition. 7. USE OF PREMISES- The Leased PREMISES shall be used only as a preschool in conformance with State mandated standards and licensing. The PREMISES Cit Counc'fl ExhIbit tt, Agenda e may be used by LESSEE for any purposes necessary or consistent with the adrnir 'stration or operation of a preschool and shall not use the PREMISES for overnight accommodations. LESSEE shall not use or permit anything to be done on or about the PREMISES which will in any way conflict with or violate any law, statutes, ordinances, orders, directives, or regulations of federal, state, county, or municipal authorities now in force or which may hereafter be enacted or promulgated. 6 UTILITIES LESSEE shall be responsible for all utility expenses including electricity, gas, garbage, water, sewer services, cable, telephone, and all maintenance, repair, installation and deposits for these services used in connection with the premises. Upon written approval from the City of Alameda, a, the LESSEE may install in the assigned location(s) telephone and cable lines. The PREMISES will be restored to its original condition unless otherwise mutually agreed to by the parties hereto. 9: ALTERATIONS LE promises and agrees not to make or cause to be remade any alterations or improvements upon said PREMISES e rcpt as set forth herein or upon the Britten consent of LESSOR first obtained. All alterations or improvements to said PREMISES shall remain for the benefit of LESSOR and shall not be removed fi nless otherwise expressly agreed in writing and. shall be presr med to be an integral part of such PREMISES, except for the removal of playground equipment installed by the LESSEE. Upon any tcrmination .of this Agreement, any alterations or improvements theretofore made by LESSEE, with or without the consent of LESSOR, which in the opinion of LESSOR tends to detract from the usability of said PREMISES, shall within 30 days of service of written notice by LESSOR be removed by LESSEE and said PREMISES shall be re at LESSEE expense to the condition in which they were prior to the said alterations or improvements. 10. MAINTENANCE AND REPAY LESSEE, at its cost, shall maintain, in good condition. and repair, all portions of the PREMISES including, without: limitation, all LES BEEFS personal property as well as the follow: (a) Casts associated with the daily maintenance and janitorial services, including but not limited to supplies, contract services, mino r alterations, repairs, and other maintenance costs. (b)- Intcrior improvements with the written consent of the LESSOR including carpeting and floor coverings, ch•apery and other window treatments, and other interior improvements, (c) Damage to the PREMISES resulting from the acts or omissions of LESS BE or its authorized representatives, employees, guests, or students. LESSEE further agrees to pay LESSOR on demand for any damages to the premises as a result of misuse or abuse of the PREMISES. (d) LESSEE shall report all problems and maintenance needs as soon as practicable to LESSOR. (e) LESSEE shah maintain the exterior of the PPENiUSES, which includes keeping the area surrounding the PREMISES free and clear of debris. LESSEE will also maintain and ensure that the Astroturf flooring material is installed on the front walkway in a secure fashion. 11. DAMAGE AND DE Z`RU TIOIX If the leased PREMISES is damaged by fire or other casualty, the PREMISES may be repaired by LES SO R at LES Soli' option; if the leased PREMISES should be damaged to the extent that LESSON should decide not to repair, the terra of the Agreement shall end and the Agreement terminated. Altematively, LESSEE may elect to make the required repairs anal /or restoration at LESSEE'S sole cost and expense. 12. NO OBLIGATION TO REPAI Notwithstanding a.nytl dng to the contrary in this Agreement, LESSOR shall have no obligation to repair the PREMISES or the Building in the event the d,-:unage or destruction is attributable to any a t or o 7ission. of LESSEE, its agents, e mployees, invitees or licenses. In no evcnt shall LES S OR b c i eq to repair any damage to LES SEE' S own fixtures and personal property or any paneling, decorations, railings, floor coverings, or any LESSEE improvements or alterations installed or made on the PREMISES by or at the expense of the LESSEE. h the event the PREMISES or the Modular° buildings are substantially damaged or destroyed. and LESSOR intends to rebuild for public purposes inconsistent with the Agreement, LESSOR may terminate the Agreement upon written notice to LESSEE. LES SEE shad have the right to rebuilding the facility at its sole expense; said rebuilding shall commence within one year of the date of the substantial damage or destruction. For purposes of this paragraph, a "substantially damaged or destroyed: shall mean fifty percent (50 of the rentable area of the PREMISES or modular buildings. 13. DEFA LT BY LESSEE: Should LESSEE be in default in the performance mance of arty provision of this Agreement for a period of more than ten (1 0) days following service of notice of such default, LESSOR may terminate this AGREEMENT and regain possession of the leased PREMBES in the mamier provided by the laws of unlawful detainer in the State of Qd1forr is in effect at the date of such default:. 14. ENTRY ONTO PREMISES The LESSOR hereby .reserves the right to eater upon the PREMISES occupied by the LESSEE at any reasonable time to inspect the same. LESSOR also reserves the right of ingress and egress to inspect, investigate and survey said premises as deemed necessary, and the right to do any and all work of arty nature necessary for the preservations, maintenance, and operation of the premises. Lessee will be given reasonable notice when such work may become necessary and shall adjust operations in such a ruamier that LESSOR may proceed expeditiously. 15. SIGNS-. L ESSEE will not place or allow to be placed or maintained on the exterior of the PREMISES or in the interior of the PREMISES �f it 4 risible from i is vi I the exterior, or in an vestibule of the PREMISES, an si letter in, advertisni matter, or other item of an kind, and will not place or maintain an decoration, letterin or advertisin matter on the g lass of an window or door of the PREMISES without the prior written consent of LESSOR. Such consent shall not be unreasonabl withheld, All such si or other items shall cc V c to the rules and re of the Cit of Alameda and shall relate solel to the business of the LESSEE. 16. WAIVER OF BREACH: The waiver b LESSOR or LESSEE of an breach of an provision of this A or an subse breach of the sainf,, provision of this A shall not be deemed to be a waiver of such provision or an subse breach of the sarne or an other provision of the A 17. TIME OF ESSENCE: Tu'-fle is of the essence for the performance of each term, covenant and condition of this A 18. CALIFORNIA LAW GOVERNS This A shall be construed in ftffl force in accordance with the laws of the State of California. 19, NO PARTNERSHIP,: LESSEE and LESSOR are not pmtners and nothin herein contained shall be construed to create a partnership or joint venture in an sense. 20. ATTORNEYS' FEES If either part brin an action a the other, declarator or otherwise, arisin out of this A Includin an .suit b LESSOR for the recover of Rent or possession of the PREMISES, a nd whether such liti sounds in tort or in contract, the losin part shall pa the e prerailin part a reasonable attorne attoe fees, which shall be deemed to have accrued on the commencernent of such action and shall be paid whether or not the •action is prosecuted to jud 21 BAND 01\,TM_CtNT: Should the LESSEE abandon, be dispossessed, .surrenider or otherwise vacate the premises, the LESSOR, at LESSOR'S option, ma immediatel tcrminate this A and enter the premises and reinow,- all personal propert 22. HOLD HARMLESS: Except for loss, dama liabilit claims, suits, costs, and expenses whatsoever, includin reasonable attorne fees, ca-used s b the g ross ne of tho Cit its Cit Council, boards and con missions. officers and emplo LESSEE shall indemnif defend and hold harmle its Cit Council, boards commissions, officers and emplo from and against an and all loss, dama liabilit claims, suits, costs and expenses wliatsoever, includin reasonable attorne fees, re of the merits or Outcome of an such claim or suit arisin from or in an manner connected to LES SE" S ne act or omission re performance of services or work conducted or performed pursuant to this Agreement. 2 INSURANCE On or before the commencement of the term of this Agreement, LESSEE shall furnish Ci with certificates shoNving the type, amount, class of operations covered, effective dates and dates of expiration of'nsurar ce coverage in compliance with paragraphs 23 A, B. C, D, and E. Such eel w hich do not limit LES SE 3 S indemnification, shall also contain substantially .ally the follewllig 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 (3 0) days" advance written notice to the City of Alameda by certified mail, Attention. Risk Manager." It is agreed that LESSEE shall maintain in force at all during the performance of this Agreement all appropr coverage of insurance required by this Agreement �,ith an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsement nanning the City as additional ins-. r ed shall be submitted with the insurance certificates. A. oven, ge LESSEE shall maintain the following insur coverage.- Workers' 'ompensation --ter S tatutory coverage as required by the State of California. Labill r Co=ercial general liability cover in the following rninii nurn limits: Both .y Tnj r 500,000 each occurrence $1,000,000 aggregate all other Propert Dama $1,000,000 each occurrence 250,000 a If submitted, combined sin limit polic with a limits in the amounts of $1 .000,000 will be considered e to the re minimuna limits sho-,A7n above. (3) Automotive: Comprehensive automotive liabilit covera in the followin minimum limits: Bodil Injur Propeit Dama Or Combined Sin Limit: 5001000 each occurrence 100,000 each occ-La-rence 500,000 each occurrence (4) Professional Liabifi Professional liabilit insurance, which includes covera for the professional acts, errors and omissions of Provider in the amount of at least 1 1000 B. Subrogation Waiver: LESSEE a that in the event of 10'ss due to an of the perils for which it has a to provide comprehensive g eneral and automotive liabilit insurance, LES SEE shall look solel to its insurance for recover LESSEE hereb g rants to Cit on .behalf of an insurer providin comprehensive g eneral and automotive liabilit insurance to eithcr LESSEE or Cit with respect to the service of LESSEE herein, a waiver of an ri to subro which an such insurer of said LES SEE ma ac a Cit b virtue of the pa of an loss under such insurance. C. Failure to Secur If LES SEE at an time d-Luin the term hereof should fail to secure or rnaintain the fore insurance, Cit shall be permitted to obtain such insurance in the LESSEE" S name or as an a of the LESSEE and shall be compensated b the LESSEE for the cost of the insurance premiunis at the maximum rate permitted b law and computed from the date written notice is received that the plemiwns have not been paid. D. Additional Insured: Cit of Alameda, its Cit Council, boards and commissions, officers, and canplo shall be named as an additional insured under all insurance covera except an professional liabilit insurance, re b this Ag The namin of an additional insured shall not affect an recover to which such additional insured would be entitled under this polic if not names as such additional insured. An additional insured named herein sball not be held liable for an 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. Sufficien Tusuirance The insurance limits required by ity are not represented as being sufficient to protect LESSEE. LESSEE is advised to confer with LESSEE's insurance broker to determine adequate coverage for LESSEE, 24, TERMINATION This Agreennent may be terminated at anytime, with or without cause by LESSOR OR or LESSEE, SEE, upo 1 written notice given to the other party at least sixty days before the date specified for such termination. In the event LESSEE SEE fails or refuses to perfoin any of the provisions thereof at the time and in the manner required hereunder, LESSEE shall be deemed in default in the performance. of the Agreement. If such default is not cured within a period of ten (10) days after receipt by LESSEE from the City of written notice of default peeifying the nature of such default ault a-nd the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the LESSEE written notice thereof. 25. PERMITS AND LICENSE LESSEE, at its sale expense, shall obtain and maintain during the tenn of this Agreement, all appropriate permits, certificates and licenses, including a City of Alameda Business License that may be required in connection with the performance of service hereunder. 26. EN'T'IRE AGREEMENT This Agrement expresses the entire relationship between the parties, and may not be amended except by a writing signed by both parties, 27. NOTICES All notices or offer coi =unication.s required or permitted hereunder shall be in writing and shall be personally deli ver ed or sent by United States mail, registered or certified, postage prepaid., return receipt required., at the following address: LESSOR: Recreation Par k Director City of Alameda Recreation Farb Depmtment 2226 Santa Clara Avenue A arneda, CA 9450I LESSEE: Karen Zinunerm an. Ken Edgerl dba A13C Preschool 1525 Bay Street Almneda., CA 94501 28 TRANSFER LESSEE shall not assign, sublease, hypothecate, or transfer this A greement or any interest therein, directly or indirectly, by operation of law or otherv6se, without pr ior written consent of City. Any attempt to do so shall he null and void, and any assignee, sublessee, hypothecate or transferee shall acquire not right or interest by reason of such attempted assig=ent, hypothecation or transfer. IN WfTNESS WHEREOF, the parties hereto ha x7e executed this Agreement on the month, date, and year first above written.. NIVWASIV "M BY J ohn Ru sso, City Manager City of Alameda Reco=ended. 'D Dale Li 1 lard_, Recreat Pars Director k 0 Wk i, City Attorney LESSOR ABC PRESCHOOL BY j ABC ,Pr P Q 9 WY A BC Preschool 3/3/02 CITY OF ALAMEDA ORDINANCE NO. New Series APPROVING AND AUTHORIZING THE EXECUTION OF LEASE OF REAL PROPERTY LOCATED AT 1525 BAY STREET BETWEEN CITY, AS LESSOR, AND KAREN ZIMMERMAN AND KENNETH EDGERLY, AS LESSEE FOR OPERATION OF ABC PRESCHOOL (REQUIRES FOUR AFFIRMATIVE VOTES) WHEREAS, the city of Alameda and Karen Zimmerman and Kenneth Edgerly DBA ABC Preschool (Lessee), previously entered into a lease.of certain City owned properties at a 1 525 Bay Street; and WHEREAS, the term of the lease agreement ended on September eptember 30, 2011 and Lessee currently has a month -to -month tenancy; and WHEREAS the Lessee wishes to renew the lease for a three -year period effective November 1, 2011, and wishes to have two three -year options to renew; and WHEREAS, a form of the new lease containing the covenants, terms and conditions to be entered into is attached to the staff report pres.ented to the City Council at the October 18, 2011 city Council meeting; and WHEREAS, the long -term lease agreement will provide ABC Preschool with the continuity and stability required to operate a preschool; and WHEREAS, pursuant to City charter, Article 111, Sec.. 3 -10, no real property of the city shall be leased for a period in excess of one year or sold, except upon the affirmative vote of four members of the city Council; and WHEREAS, the proposed lease does not have a significant effect on the environmental, and therefore, is exempt under Section 15301(e)(1) of the California Environmental Quality Act (CEQA) Guidelines. NOW, THEREFORE, BE IT ORDAINED by the council .of the city of Alameda, and upon the affirmative vote of four members of the city Council that: Section 1 The City Council of the City of Alameda hereby approves and authorizes the city Manager to execute the Lease of Real Property between lessor and lessee for operation of ABC Preschool. Introduction Ordinance 4 Section 2 This ordinance shall be in full force and effect from and after the expiration of thirt 30 da from the date of its final passa Presidin Officer of the Cit Council Attest: Lara Weisi Cit Clerk Cit of Alameda 1, the undersi hereb certif that the fore Ordinance was dul and re adopted and passed b Council of the Cit of Alameda in re meetin assembled on the da of 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 da of 12011. Lara Weisi Cit Clerk Cit of Alameda CITY OF ALAMEDA RESOLUTION NO. �i Pf PROCLAIMING THAT ANY OPEN SPACE EVENTUALLY CREATED FROM THE ALAMEDA BELT LINE PROPERTY BE NAMED THE "JEAN SWEENEY OPEN SPACE PRESERVE" AND NAMING NOVEMBER 1, 2011 AS JEAN SWEENEY DAY IN THE CITY OF ALAMEDA WHEREAS, Jean Sweeney moved, to Alameda with her husband Jinn and their two daughters in 1972, and WHEREAS, Ms. Sweeney has been actively engaged in Alameda's civic life through her participation in the Alameda Rotary, BikeAlarneda, the Humane Society of Alameda, and the Alameda Community Fund; and WHEREAS, Ms. Sweeney has served on the Restoration Advisory Board since 2002 where she has helped oversee the toxic cleanup at both the Fleet Industrial Supply Center and the former Naval Air Station; and WHEREAS, in 2007, Ms. Sweeney was successful in getting the Alameda Veterans Memorial Building listed on the National Register of Historic Places; and WHEREAS, Ms. Sweeney served as a member of the City's Northern Waterfront Committee, which wrote the guidelines that are now part of the Alameda General Plan, and was also a member of the Webster Renaissance Project committee, which created the streetscape plan from Central to Pacific Avenues; and WHEREAS, thanks to Ms. Sweeney's due diligence, perseverance, and strong research skills, the City was able to prevail before the California Court of Appeals in a case against the Alameda Belt Line Railroad; as a result, the City was able to purchase the property for just $900,027 and ensure its preservation for all Alarnedans. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Alameda directs that any open space eventually created from the Alameda Belt Line property be yarned the "Jean Sweeney open Space Preserve BE IT FURTHER RESOLVED, that the City Council of the City of Alameda proclaims November 1, 2011, as Jean Sweeney Day in the city of Alameda in celebration of Ms. Sweeney's important contributions to Alameda. Resolution #0 -A CC 11 -01 -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 1st day of November, 2011 by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set nay hand and affixed the seal of said City this 2nd day of November, 2011. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Ma and Members of the Cit Council From: John A. Russo Cit Mana Date: November 1, 2011 Re: Introduce an Ordinance to Amend the Cit of Alameda Municipal Code B Repealin Section 24-5 (Smokin Control of Section. XXXIV (Public Health and B Addin Sections 24-11 (Smokin Prohibitions in Places of Emplo and Public Unenclosed Places and 24-12 (Smokin Prohibitions in Multi-Unit Housin Numerous studies conclude that secondhand smoke is harmful to individuals, includin a report from the California Air Resources Board declarin secondhan smoke as a toxic air contaminant and a report from the U.S. Sur General statin that there is no risk-free level of exposure to secondhand smoke. A 2007. stud conducted b researchers from Stanford Universit found that outdoor secondhand s m oke exposure can be comparable to indoor secondhand smoke levels when an individual is near a smoker outdoors. Secondhand smoke in multi-unit housin poses health problems...for non-smokin residents when it drifts from nei units, balconies, and outdoor. spaces. The Sur General. has determined that the dan from secondhand smoke .cannot be controlled b ventilation, air cleanin or the separation of smokers fr6m.non-smokers. Several studies have concluded that smokin in multi-unit housin also contributes to hi maintenance and insurance costs. Man cities in California h b to address the health dan and additional costs related to secondhand smoke b implementin secondhand smoke housin policies. In response to communit concerns re the public health effects of secondhand smoke exposure, the Cit Council received a report on .April 5 ..2011 on efforts that man local jurisdictions are t to stren secondhand smok e protections enacted b the State of California. The report discussed four polic areas. that. local g overnments use .to stren tobacco control. The protections for places. of emplo protections for outdoor public places, secondhand smoke. housin policies, and the re of tobacco sales. After receivin the report and listenin to public comment, the Cit Council directed staff to prepare an ordinance to stren Alameda's policies. Cit Counc A Item #6- 11 -01 _11 Honorable Ma and Members of the Cit Council DISCUSSION November 1, 2011 Pa 2 of 6 The proposed ordinance would add Section 24-11, Smokin Prohibitions in Places of Emplo and Public Unenclosed Places, and Section 24-12, Smokin Prohibitions in Multi-Unit Housin to the Alameda Municipal Code. These sections if adopted, will address three of the four polic areas presented to the City Council. Staff will return with a report seekin g uidance from the Cit Council on the fourth polic area, re of tobacco sales. 1 Protections for Places of Emplo AB 13, codified in California Labor Code Section 6404.5, prohibits smokin in most indoor workplaces, but exempts certain workplace environments. ..If enacted, Section 24-11 would supplement the protections codified in Labor Code Section 6404.5 and prohibit smokin in the followin locations: 1. Hotel/Motel lobbies, meetin and ban facilities 2. Ninet percent 90% or more of hotel/motel g uest rooms 3. Retail and wholesale tobacco shops, and hookah bars 4. Taxi cabs, cabs of trucks, tractors, or other vehicles used for work 5. Warehouse facilities 6. Theatrical production sites 7. Medical research sites 8. Private residences licensed as child care, adult care, and health care facilities 9. Small businesses with fewer than five emplo 10. Owner-operated businesses open to the public 11. Outdoor worksites, includin construction sites, arenas, and convention halls, or an where workin crews ma be 2 Protections for Outdoor Public Places The majorit of cities in Alameda Count have extended some level of protection from secondhand smoke to outdoor public places. Fift cities and counties in California have passed what are considered to be comprehensive outdoor secondhand smoke ordinances, includin the cities of Concord, San Leandro, Dublin, Ha Alban Berkele Emer and Union Cit In addition to extendin workplace protections from secondhand smoke, Section 24-11 would re the postin of "No Smokin si and prohibits smokin in the followin outdoor public places: 1. Dinin areas: defined as outdoor seatin at restaurants, bars, etc. 2. Entr (reasonable distance): defined as within 20 feet of doors, windows, and other openin into enclosed areas 3. Public events: defined as farmers' markets, fairs, concerts, etc. Honorable Ma and Members of the Cit Council November 1, 2011 .Pa 3 of 6 4. Recreation areas: defined as parks, trails, sports fields, etc. 5. Service areas: defined as bus stops, ticket lines, ATM lines, taxi stands, etc. 6. Shoppin malls: defined as public walkwa or hall areas that connect retail or professional establishments 7. Commercial-area sidewalks: defined as public sidewalks in downtown shoppin and business areas desi with a lic)l prefix on the Cit official.Zonin Map It is anticipated that the adoption of these outdoor smokin Provisions may present a conflict with bar owners concerned that their business will be affect if patrons are prohibited from smokin in outdoor seatin areas and at the entrances of their establishments. Smokers are faced with man other situations where the cannot smoke, sometimes for several hours, includin at work and other public.indoor places. While this is an inconvenience for smokers, these provisions are bein recommended in spite of this potential conflict because non-smokin patrons also fre these areas and deserve protection from the harmful effects of secondhand smoke. 3) Secondhand Smoke Housin Policies As of Januar 2011, 101 communities in California have adopted some form of secondhand smoke housin polic includin the nei cities of Alban Dublin, t Oakland, Emer and Union Cit In 2008, the Alameda Housin Authorit (AHA) adopted a smoke-free housin polic that has become effective in ei of .13 complexes owned or mana b AHA. The polic has received wid support from tenants, includin from those in complexes y et to transition. Based on the support expressed b tenants for smoke-free complexes, AHA will be scalin back its normal outreach plan in order to more q uickl y transition the remainin complexes. Section 24-12, Smokin Prohibitions in Multi-Unit Housin would establish the followin smokin prohibitions and re 1. Smokin will be prohibited in 100% of units (new and existin in multi-unit rental complexes, includin balconies and porches. 2. Smokin will be prohibited in 100% of new units of common interest complexes. 3. Smokin will be prohibited in common areas of both multi-unit rental complexes and common interest complexes, except that desi smokin areas meetin certain criteria in outdoor common areas ma be established. 4. Smokin within 20 feet of enclosed areas will be prohibited (smokin buffer zones). 5. Disclosure re revealin the precise locations of non-smokin units and desi smokin areas will be re 6. Smokin prohibition clauses must be included in lease and rental a terms. 7. Si identif desi smokin areas must be posted. The housin portion of the ordinance would appl to "rental complexes," defined as multi-unit residences two or more units where 51 percent or more of the units are Honorable Ma and November 1, 2011 Members of the Cit Council ..P 4 of 6 rented b the same landlord. Rental complexes include market rate a pa r tment complexes, affordable apartment complexes, and senior housin fa common interest complex" means a multi-unit residence that is a condominium pro ct, a stock cooperative, or a planned development as defined b California Civil Code section 1351. As noted in item number one above, staff recommends that the ordinance prohibit smokin in 100% of existin multi-unit rental complexes for a number of reasons. People livin in multi-unit properties are more susceptible to the. negative .health effects of driftin secondhand smoke as a result of proximit and the sharin of.co,mmon walls and ventilation s In addition, landlords and propert man a firms are increasin adoptin smoke-free leasin policies for business reasons. finall cities that have adopted ordinances that allow for smokin units have f o und complaints surroundin the smokin units have increased. As a result, the Public Health Law and Polic Technical Assistance and Le Center, which developed.. a model housin ordinance for cities, will be removin this provision from the model housin ordinan As noted above, the draft ordinance re that 100% of existin multi-unit rental complexes become smokefree. However, the draft ordinance also .includes alternative lan for the Cit Council's consideration that enables landlords to d nat up to 10% of existin units to be smokin units. (This alternative lan is. inc luded in. the hi text box at the bottom of pa 9 of the ordinance Staff is not recommendin that individual unit prohibitions be extended to exi common interest complexes at this time because such prohibitions will infrin on.. the individual interests and ri of these propert owners. While staff acknowled that non-smokin nei are contendin with the same health risks as n on s bar patrons, the issue is more complex than inconveniencin someone for. afew. hours. Homeowners' associations have the authorit to prohibit smokin in individu units the do not need a local law to adopt smokefree provisions. Additi the ordinance includes several provisions, such as disclosure re for prospective bu yers, buffer zones, and private enforcement. Effective Dates, Enforcement, and Education The provisions related to workplace smokin and smokin in outdoor. public. P laces would become effective .30 da after adoption of the ordinance.. Those related to smokin in rental complexes would be phased in more graduall with landIO,r ds afforded 14 months to implement the no-smokin provisions for existin g units in r ental complexes and to include smokin prohibitions in leases and rental a Violations will be punishable as infractions and subject to fines, and ma also be enforced throu civil and private enforcement. The Alameda Police Department, the Fire Marshal, and Code Enforcement are primaril responsible for enforcin the Honorable Ma and November V2011 Members of the Cit Council ..Pa 5 of 6 Ordinance. Remedies are also available throu the civil court s which m a y be brou b the Cit Attorne or b private parties. Staff would enforce re for landlords and homeowners' associations to install o si and maintain dia durin mandator inspections. Since secondhand smoke laws in other communities are t complaint driven ..and self-enforcin rental a terms will be enforced on a complaint basis, as staff resources.allow and alle of violations of smokin in individual units would be. handled throu the civil enforcement process b a parties (nei tenants, owners, or landlords). Since secondhand smoke laws are t self-enforcin outreach and education.is a ke component to obtainin compliance. Staff will initiate the followin actions to support educatin the public re the provisions of the ordinance: In addition to standard public noticin a press release was issued advisin of the Public Hearin on the ordinance. Business and housin associations, and several propert :manageme nt firms were contacted and provided a cop of the ordinance and staff report. A pa on the Cit website will be created to provide informatio re g ar.din g the new laws, includin links to the ordinance, staff report, and minutes and video of Cit Council meetin a FAQ; downloadable "no- smokin si and links to other information and resources that will be helpful to the public. Notice of the ordinance re will be included in the packet df information distributed with business license renewal forms. FINANCIAL IMPACT Costs associated with implementin the ordinance include the purchase and installation of si the development and purchase of necessar forms; and increased staff time for education and outreach, mandator inspections, and increased complaints. Proper si is considered a critical component for obt co with the ordinance, and staff will evaluate the most effective use of s i g na g e to. support compliance efforts. Other cities implementin similar re have estimated si costs at $15,000.. This mone is currentl unbud but could come from the Non-Departmental pro in the General Fund or from potential gr ants. The costs Frith for forms and staff time will be absorbed b existin departments involved implementin and enforcin the ordinance. Honorable Ma and Members of the Cit Council November 1, 2011 Pa 6 of 6 Introduce an ordinance amendin the Cit of Alameda Municipal Code b repealin section 24-5 (Smokin Control of Section XXXIV Public Health) and b addin Sections 24-11 (Smokin Prohibitions in Places of Emplo and Public Unenclosed Places), and Section 24-12 (Smokin Prohibitions in Multi-Unit Housin Respectfull submitted, Lisa Goldman Assistant Cit Mana Terri Wri Senior Mana Anal cc: Park Street Business Association West Alameda Business Association Greater Alameda Business Association Alameda Chamber of Commerce East Ba Rental Housin Association EXTERNAL To: Mayor Gilmore, Vice Mayor Bon ta, and Council Members DeHaan Johnson, and Tangy: Thank you for your support in April for agreeing to new secondhand smoke protections and making Alameda a more family p lace to live, work, and play. Please support the strongest protections ossible in publi c c outdoor areas an in attach husi� where all of us, especially our children and our senior citizens deserve healthy air to breathe. Sincerely, i "Y Sincerely, C. I i 9 Sincerely, AMI._ s .Sincere A i Sincerel _Vi Slncer L TI ely, a F To: Mayor Gilmore, vice Mayor Bonta, and Council Members DeHaan, Johnson, and Tans: Thank you for your support in April for agreeing to new secondhand smoke protections and making Alameda a more family- friendly place to live, work, and play. Please support the strongest protections possible in public outdoor areas and to attach ho „u,sin wh all of us, especially our childr and our senior citizens deserve healthy air to breathe. Sincerely, k? ...5 Sincerely 1. I (_1 i "i Sincerely. IL C I r y 1e I 1 f I<- 0 �f 5 To: Ma Gilmore, Vice Ma Bonta, and Council Members DeHaan, Johnson, and Tam: Thank y ou for y our support in April for a to new secondhand smoke protections and makin Alameda a more famil place to live, work, and pla Please support the stron protections possible in i� outdoor areas and in attached hou sin where all of us, especiall our children and our senior citizens deserve health air t breathe. ;L D 614IN ZIA Sincerel i"N iv\ C CH Y A-1 tt-iiv\ L) A I'll' j Sincere 1j.. to Sincerel cr I Y I-) A H._' Sincerel t�4 r ..J Y C A our children and our senior citizens deserve health air to breathe. Sincerely, To: Mayor Gilmore, Vice M ayor Bonta, and Council Members Dellaan, Johnson, and Tam: Thank you for your support in April for agreeing to new secondhand smoke protections and making Alameda a more family friendly place to live, work, and play. Please support the strongest protections possible in public outdoor areas and in attached house where all of us, especially our children and our senior citizens deserve healthy air to breathe. Sincerely, Sincerely, CI Y MTV..' Z1.0 Sincerely, i To: Mayor Gilmore, Vice Ma Bonta, and Council Members DeHaan Johnson, and Tam-, Thank y ou for y our support in April for agreein to new secondhand smoke protections and makin Alameda a more.famil en.dl place to live, work, and pla Please support the stron protections possible in public ou tdoor areas and in attached housin wh all of us, especiall our children and our senior citizens deserve health air to breathe. Sincerel j 7 -e N A il; ct ic ta 4 S 4A W Sincerel IF- Sincerel 41 2 Sincerel Z r. T0: Mayor Gilmore, Vice Mayor 8Ont8, and Council Me uaan, Johnson, and Tam: Thank you for your support 1n April for agreeing to new secondhand smoke protections and making Alameda a more fami e p|aoe to live vvorkandpiay. Please support the b1 out areas and in attached housi where all of us, esped' wou_chi1dne. and our senior citizens deserve healthy air tobreathe. Sincerel CA_ o`.'uereiy, N 0 F L L To: Mayor Gilmore, Vice Mayor Bonta, and Council Members DeHaan Johnson, and Tara: Thank you for your support in April for agreeing to newr secondhand smoke protections and making Alameda a more famiiy place to l ive, work, and play. Please support the strangest protections possible in p ubl i c outdoor hou sing where where all of us, esp ecially our child areas and in attached hou ren p and our senior citizens deserve healthy air to breathe. Sincerely, Sincerely, a To: Ma Gilmore, Vice Ma Bon'ta., and Council M embers DeHaan, Johnson, and Tam: Thank y ou for y our support in April for a to new Secondhand smoke protections and makin Alameda a mo famil -friendl place to live, work, and pla Please support the stron protections possible.in ublic outdoor p areas and in attached ho usin where all of us, especiall our children and our senior citizens deserve he the air o breath e. L k /C S.incerel C I T V Sincerel 4A M c Sincerel Vy V. Y Sincerel f,1 L4 DA FF Sincerel 7� Of To: Mayor Gilmore, Vice Mayor Bonta, and Council Members DeHaan, Johnson, and Tam: ThankyouforyoursuppodinAoh|for -agmeeington'evv secondhand smoke protections, and.nna.NngAJarneda,wmore family-fr place to li work and play. Please support the strongest protections possible |nPublic outdoor areas and in attached housing where iJ� vvn us y our children and our senior citizens deserve healthy air t breathe. Sincerely '"'`m i\ATI Sincene/ UAll Sincere/y, �K4[ T /�m�/ �,r���.~.,� ~��ty�~�� DAlF &j'A-- U u'V_-' To: Ma Gilmore, Vice Ma Bon ta, and Council Members D el aan, Johnson, and Tam: Thank y ou for y our support in April for a to new.secondhan.d smoke protections and makin Alameda a more famill place to live, work, and pla Please support the stron protections possible in public outdoor areas and in attached housing where all of us, especiall our children and our senior citizens deserve health air to breathe. Sincerel I"r "Y Sincerel VNV Sincerel J k.-ITY kL7) Sincerel s 4 C. I i.. I'Oj I.F. our children anu vu, breathe. y.� �8 Sincerel C11 V j to, N A [,,/I F Y ary To: Mayor Gilmore, vice Mayor Bonta, and council Members ®eHaan, Johnson, and Tam: Thank you for your support in April for agreeing to new secondhand smoke protections and making Alameda a more family friendly place to live, work, and play. Please support the strongest protections possible in �blc outdoor areas a in attached housin where all of us, especially our children and our senior citizens deserve healthy air to hmathp. ..mss i4Lr� �.s1 Y I a a L i CH Y 0 )5)1 /4 C4 L) A IF Sincerely, y, r jj of s J a ;c g CITY OF ALAMEDA ORDINANCE NO. AMENDING THE CITY OF ALAMEDA MUNICIPAL CODE BY REPEALING SECTION 24 -5 (SMOKING CONTROL) OF SECTION XXIV (PUBLIC HEALTH) AND BY ADDING SECTIONS 24 -11 (SMOKING PROHIBITIONS IN PLACES OF EMPLOYMENT AND PUBLIC UNENCLOSED PLACES AND 24- 12 (SMOKING PROHIBITIONS IN MULTI -UNIT HOUSING) WHEREAS, the U.S. Surgeon General has concluded that there is no risk -free level of exposure to secondhand smoke and neither separating smoker from nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke; and WHEREAS, the U.S. Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group -A carcinogen, the most dangerous class of carcinogen; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 non smokers each year, including 3,000 deaths from lung cancer; and WHEREAS, there is indisputable evidence that implementing 100% smoke free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke; and WHEREAS, employees who work in smoke filled businesses suffer a .twenty -five to fifty percent (25 50 higher risk of heart attack and. higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NNK, a tobacco specific carcinogen linked to lung cancer) in New York City hospitality workers find dramatic reductions in the levels of these biornarkers after a smoke free lair takes effect. Average cotinine levels of these restaurant and .bar workers decreased by eighty -five percent (85 after the city's smoke free lair gent into effect; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. The Americans with Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems unpaired respiratory function to be a disability. NOW THEREFORE, BE IT ORDAINED by the city council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by repealing Section 24 -5 (Smoking Control) of Section XXIV (Public Health) in its entirety and by adding Section 24 -11 I ntroduction of Ordinance #0 -B CC 11 -01 -11 (Smoking Prohibitions in Places of Employment) and Section 24 -12 (Smoking Prohibitions in Multi -Unit Housing), as follows: ON PLACES OF EMPLOYMENT AND 24-11.1 Definitions For the purposes of this section, the following definitions shall govern, in accord with state statute, unless the context clearly requires otherwise. (a) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which. the serving of food is only incidental to the consumption of those beverages, including but not. limited to, taverns, nightclubs, cocktail lounges, and cabarets. (b) "Business" means a sole proprietorship, partnership, joint.venture, corporation, or other business entity, including retail establishments where goods or. services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. (c) "City" means the city of Alameda. (d) "Commercial -Area sidewalks" means any sidewalk in front of or abutting any property designated on the City's official Zoning Map appended to the city's Zoning Ordinance with a "c" prefix, which districts are listed on the Map as. the Neighborhood Business District, central Business District, Community- commercial District, and commercial Manufacturing District. (e) "Dining Area" means any area available to or customarily used by the general public, which is designed, established, or regularly used for consuming food or drink. (f) "E-cigarette" means any electronic oral device, such as one composed of a heating element, battery, and /or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e- cigarette, e- cigar, e -pipe, or under any other product name or descriptor. (g) "Employee" means a person who is employed by an Employer, in consideration for direct or indirect monetary gages or profit, including independent contractors, or any person who volunteers his or her services for a non profit entity. (h) "Employer" means a Person, Business, partnership, association, corporation, including a municipal corporation, trust, or non profit entity that employs the services of one or more individual persons, or utilizes volunteers. (i) "Enclosed Area" means an area in which outside air cannot circulate freely to all parts of the area, and includes: 2 Any covered or partially covered space having more than fifty percent (50 of its perimeter area closed to the outside such as, for example, a covered porch with more than two walls; or (2) Any space open to the sky (hereinafter "uncovered having rnore.than seventy five (75 of its perimeter area closed to the outside such as, for example, a courtyard; (3) Notwithstanding subsections (2) and (3) above, an uncovered space of three thousand (3000) square feet or more, such as, for example, a field in an open -air arena, is not an Enclosed Area. "Health care Facility" means an office or institution providin g care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals. or other clinics, including weight control clinics, nursing homes, long -terra .care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, y h sical p therapists, physicians, psychiatrists, dentists, and all specialists within .these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. (k) "Hookah Bar" means any facility or location whose Business. operation, whether as its primary use or as an accessory use, is denoted by the smoking of .tobacco. through one or more pipes (commonly known as hookah, shisha, or narghile) designed with a tube passing through an urn of water that cools the smoke. (I) "Nonprofit Entity" means any entity that meets the requirements of .California Corporations code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section. (M) "No Smoking Sign" means a sign with letters of no less than one inch in height or which contains the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). (n) "openings" shall include main entrances, exits, operable windows, and ventilation intake systems. (o) "Verson" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entit y and including government agencies. (p) "Place of Employment" or "Workplace" means an area under the legal or actual control of a public or private Employer, Including sole proprietor, that an Employee or member of the public may enter during the normal course of operations, regardless of hours of operation, Including but not limited to, work areas, private offices, Employee lounges, restrooms, conference rooms, meeting rooms, classrooms, Employee cafeterias, hallways, 3 construction sites, temporary offices, vehicles, and private residences. that are used as a child care, adult day care, or Health Care Facility, and are subject to licensing. g (q "Playground" means any park or recreational area designed. in part to be used by children that has play or sports equipment installed or that has. been designated or landscaped for play or sports activities, or any similar facility located on public. or private school grounds or on City grounds. (r) "Public Events" means occurrences where people are seated or congregate in close proximity including, but not limited to, parades, fairs, farmers' markets, concerts, and ceremonies. (s) "Reasonable distance" means a distance of at least twenty feet (2o'). (t) "Recreation Areas" means any outdoor area that is open to.the. eneral public g p for recreational purposes, regardless of any fee or age requirement. The terra ``Recreational Area" includes but is not limited to playing fields, playgrounds, parks, icnic areas olf p �g courses, walking paths, gardens, hiking trails, bike paths, swimming pools, and skateboard parks, sports arenas, and amusement parks. (u) "Restaurant means an eating establishment, including lirrited.to coffee g shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or Employees, as well as kitchens and cateri facilities in which food is prepared on the premises for serving elsewhere.. The terra "Restaurant" shall include a Bar area within a restaurant. (v) "Service Line" means an indoor or outdoor line In which one. or more Persons waits for or receives. service of any kind, whether or not the service involves the exchang of money, including but .not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, sporting event lines, payphones, newsstands, bus stops, and taxi -cab stands. (w) "Shopping Mail" means a collection of retail or professional establishments and includes the public walkways or hall areas that serve to connect therm. (x) "smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual. purpose of the combustion, electrical ignition, or vaporization is human inhalation .of the resultin g b y p roducts roducts, except when the .combusting or vaporizing material contains no tobacco or nicotine. The terra "smoke" includes tobacco smoke and electronic tobacco based .cigarette.va p ors. (y) "Smoking". means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, hookah, or pipe, or any. other lighted or heated tobacco intended for inhalation, in any manner or in any. form. "smoking also includes the use of an e -ci g arette which creates a vapor, in any manner or in any form, or the. use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Section. (z) "sports Arena" means a place where people. assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports g p pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. (aa) "Unenclosed Area" means any area that is not an Enclosed Area. 24-11.2 Frobibitivn of Smokiu in Enclosed and Unenclosed Places of EmplloVment Smoking shall be prohibited in all enclosed and unenclosed places of employment as follows: 1. Hotel /Motel lobbies, meeting and banquet facilities; 2. Ninety percent (90 or more of hotel /motel guest rooms; 3. Retail or wholesale tobacco shops and hookah bars; 4. Taxi cabs, cabs of trucks, tractors, or other vehicles; 5. warehouse facilities; 6. Theatrical production sites; 7. Medical research sites; 8. Private residences licensed as child care, adult care, and health care facilities; 9. Small Businesses with fewer than -five (5) Employees; 10. Owner-operated Businesses that are open to the public; 1 1.Outdoor worksites, including construction sites, arenas, and convention halls, or anywhere where working crews may be. Nothing in this subsection shall be construed to prohibit Smoking in any area in which such Smoking is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional regulation. 24 -11.3 Prohibition of Smoking in Unenclosed Public Places Except as otherwise expressly authorized by state or federal law, Smoking shall be prohibited in the following Unenclosed Public Places within the City: Dining Areas; Recreation Areas; Public Events; Service Lines; Commercial -Area Sidewalks; and Shopping Malls. 24 -11.4 Reasonable Smoking Distance Re uired 20 Feet Smoking that is not otherwise prohibited in Unenclo.sed Areas shall be prohibited within a Reasonable Distance from any entrance, window, opening, or vent into an Enclosed Area in which Smoking is prohibited, except while actively passing on the way to another destination and so long as Smoke- does not enter any Enclosed Area in which Smoking is prohibited.. 24-11.5 Duty of Person Em plover, lv er Business, or Non- Profit 5 (a) The owner, operator, manager, or other Person in control of a public place or place of employment where Smoking is prohibited by this Section shall: 1. Clearly and conspicuously post "No Smoking" signs within or adjacent to Unenclosed Dining Areas, or by other means necessary to clearly indicate that Smoking is prohibited in the Dining Area. 2. Remove all ashtrays from any area where Smoking is prohibited by this Section, except for ashtrays displayed for sale and not for use on the premises. (b) No Person, Employer, Business, or Nonprofit Entity shall knowingly permit the Smoking of Tobacco Products in an area which is under the legal or de facto control of the Person, Employer, Business, or Nonprofit Entity and in which Smoking is prohibited by law and the Person, Employer, Business or Nonprofit Entity is not otherwise compelled to act under state or federal law. (c) No Person, Employer, Business, or Nonprofit Entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area which is under the legal or de facto control of the Person, Employer, Business, or Nonprofit Entity and in which Smoking is prohibited, including, without limitation, inside the perimeter of any Reasonable Distance required by this Section. (d) Notwithstanding any other provision of this Section, any owner, Employer, Business, Nonprofit Entity, or other Person who controls any property, establishment, or Place of Employment regulated by this Section may declare any part of such area in which Smoking mould otherwise be permitted to be a nonsmoking area. 24-11.6 Violations Penalties and Enforcement The remedies provided by this subsection are cumulative and in addition to any other remedies available at law or in equity. (a) Enforcement of this Section Shall be the responsibility of the Alameda Police Department, although any peace officer, or Eire or Code Enforcement officer, may also enforce this Section. (b) while an establishment is undergoing otherwise mandatory inspections, Fire and Code Enforcement officers shall inspect for compliance with this Section. (c) Notice of this Section will be provided to all applicants for a business license or renewal thereof; provided, however, lack of Such notice shall be no defense to a violation of this Section. (d) It shall be unlawful for any Person to smoke in any area where Smoking is prohibited under this Section. (e) It is unlawful for any Person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Section to refuse to comply py with any of its provisions, or to permit any Employee or patron to violate this Section. (f) causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this Section. (g) Any Person who violates any provision of this Section shall be deemed guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100-00) for the first violation. 2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year. 3. A fine not exceeding five hundred dollars ($500.00) for each .additional violation of this Section within one year. (h) Violations of this Section are subject to a civil action brought by the City Attorney, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation. (i) Notwithstanding any other provision of this Section, a private citizen may bring legal action to enforce the requirements of this Section. 24-11.7 Von- retaliation No Person or Employer Shall discharge or in any manner retaliate against any Employee because such Employee exercises any right to a Smoke -free environment afforded by the Section. 24-12.1 Definitions For the purposes of this Section, the following definitions shall govern, in accord with state statute, unless the context clearly requires otherwise: (a) "common Area" means every Enclosed Area or Unenclosed Area of a Multi -Unit Residence that residents of more than one Unit of that Multi -Unit Residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gyre facilities and swimming pools, parking garages and parking lots, shared restroorns, shared laundry rooms, shared cooking areas, and Shared eating areas. {b} "Common Interest Complex" means a Multi -Unit Residence that is a condominium project, a stock cooperative, or a planned development as defined by California civil code Section 1351. 7 (c) "Enclosed Area" means an area in which outside air cannot circulate freely to all parts of the area, and includes: (1) Any covered or partially covered space having more than fifty percent (50 of its perimeter area galled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or {2} Any space open to the sky (hereinafter "uncovered having more than seventy -five (75 of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard. (d) "Landlord" means any Person who owns property let for residential use, any Person who lets residential property, and any Person who manages such property, except that "Landlord" does not include sublessors. (e) "Multi -Unit Residence" means any premises that contains two (2) or more Units. M "New Unit" means a U n it that is issued a certificate of occupancy after the effective date of this ordinance. (g) "Non- smoking Area" means any Enclosed Area or Unenclosed Area of a Multi -Unit Residence in which Smoking is prohibited by: (1) this Section or other law; (2) by binding agreement relating to the ownership, occupancy, or use of real property; or (3) by designation of a person with legal control over the area. In the case of a Smoking prohibition established only by private agreement or designation and not by this Section or other law, it shall not be a violation of this section for a person to engage in Smoking or to allow Smoking in that area unless: (1) the person knows that Smoking is not permitted; or (2) a reasonable person would know that Smoking is not permitted. (h) "No smoking sign" means a sign with letters of no less than one inch in height or which contains the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). (i) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, including government agencies. 0) "Premises" means a piece of land and any improvements upon it such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural person or by legal persons under common control. (k) "Rental Complex" means a Multi -Unit Residence for which fifty -one percent (51%) or more of the Units are let by or on behalf of the same Landlord. 0 (l) "Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the resulting byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine. The term "Smoke" includes tobacco smoke and electronic tobacco -based cigarette vapors. (m) "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, hookah, or pipe, or any other lighted or heated tobacco intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e- cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Section. (n) "U nenclosed Area" means any area that is not an Enclosed Area. (o) "Unit" means: (1) a dwelling space consisting of a group of rooms and including one y (1) kitchen, a bath and sleeping quarters designed for and not occupied b more than one (1) family, and any private outdoor spaces like balconies and patios; and (2) senior citizen housing and single room occupancy hotels, as defined in California Health and Safety code Section 50519(b )(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets .the requirements set forth in California civil code Section 1940(b )(2). 24-12.2 5moking Restrictions in Multi -Unit Residential Rental Complex es (a) All New Units in Multi -Unit Residential Rental complexes are hereby designated non- smoking Units. (b) All Existing Units in Multi -Unit Rental complexes are hereby designated non smoking Units effective January 1, 2013, or when the legal occupants after the. effective date of this ordinance vacate a Unit, whichever occurs first; 9 (c) Smoking is prohibited in any associated exclusive -use Enclosed or Unenclosed Areas of a designated Non- smoking Unit, such as, for example, a private balcony, porch, deck, or patio. (d) Smoking in a designated Non smoking Unit, on or after January 1, 2013, is a violation of this subsection; (e) Smoking is prohibited in all common Areas except that a Person with legal control over a Common Area, such as, for example, a Landlord, may designate a portion of the Common Area as a designated Smoking area provided that at all times the designated Smoking area complies with Section 24- 12.4(b) below; (f) Required Lease Terms. Every lease or other agreement for the occupancy of a unit in a Multi -Unit Rental complex shall include by January 1, 2013: 1. A clause stating that Smoking is prohibited in the Non smoking Unit; and 2. A clause stating that it is a material breach of the lease or agreement to: i. violate any law regulating Smoking while on the Premises; ii. Smoke in the Non smoking Unit; iii. Smoke in any Common Areas in which Smoking is prohibited. (g) Whether or not a Landlord complies with subsection (f) above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which they apply. (h) A tenant who breaches the Smoking regulations of a lease or knowingly allows another Person to do so shall be liable to: (i) the landlord; and (ii) any occupant of the Multi -Unit Residence who is exposed to secondhand Smoke as a result of that breach. A landlord shall not be liable to any Person for a tenant's breach of Smoking 10 regulations if the landlord has fully complied with the requirements of this Section; (i) Failure to enforce any Smoking regulation of a lease or agreement on one or more occasions shall not constitute a waiver of the lease or agreement provisions required by this Section and shall not prevent future enforcement of any such Smoking regulation on another occasion; 24-12.3 Smokin Restrictions in common Interest Complex.,,,-... (a) In every new Common Interest complex that receives a certificate of occupancy after the effective date of this Section, one hundred percent (100°/x) of the units (including private outdoor spaces associated with such units, such as balconies, patios and decks), shall be Non- smoking Units by law. (b) Smoking is prohibited in all common Areas, except that a Person with legal control over a Common Area, such as, for example, a homeowner's association, may designate a portion of the common Area as a designated Smoking area provided that at all times the designated Smoking area complies with Section 24 -12.4 (b) below. 24 -12.4 No Smoking Buffer Zones and Designated Smokinq Areas (a) Smoking is prohibited in Unenclosed Areas of a Multi -Unit Residence, including balconies, porches, decks, patios, and courtyards, within twenty feet (20') in any direction of any doorway, window, opening, or other vent into an Enclosed Area that is a Non- smokin g Area. (b) A Person with legal control over a common Area, such as, for example, a Landlord or homeowners' association, may designate a portion of the Common Area as a designated Smoking Area provided that at all times the designated Smoking Area complies with the following provisions: (1) Must be an Unenclosed Area. Must be located at least twenty feet (20') from any Enclosed Area that is a Non- smoking Area. A Person with legal control over a common Area in which a designated Smoking Area has been designated shall modify, relocate or eliminate that designated Smoking Area so as to maintain compliance with the requirements of this Section as lags change, as binding agreements are created, and as Non smoking Areas on neighboring property are established. (3) Must be at least twenty feet (20') from Unenclosed Areas primarily used by children and Unenclosed Areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, and swimming pools. (4) Must be no more than ten percent (10 of the total Unenclosed Area of the Multi -Unit Residence for which it is designated. 11 (5) Must have a clearly marked perimeter. (6) Must be identified by conspicuous signs. (7) The Person with legal control over a common Area in which a Smoking Area has been designated by this Section may permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of Smokin g waste within the Area. (8) clear and unambiguous "No Smoking" signs shall be posted in sufficient numbers and locations to make Common Areas where Smoking is prohibited by this Section or other law obvious to a reasonable person. Such signs shall be maintained by the Person or Persons with legal control over the common Areas. The absence of signs shall not be a defense to a violation of any provision of this Section. 24E -12.5 Disclosure of Designated Non-smokinq Units Designated Smokin Areas (a) All Landlords of Rental complexes are required to disclose to prospective tenants whether smoking is permitted in the unit to be rented, which units are designated smoking units, if any, and the smoking policy for the complex. (b) All sellers of units within a Common Interest complex are required to disclose to prospective buyers whether smoking is permitted in the unit and the smoking policy for the complex. (c Every Person with legal control over a Multi -Unit Residence, such as, for example, a Landlord or homeowners' association, shall maintain a diagram that illustrates the following information: (1) The precise location of designated Non smoking Units; and (2) The precise location and configuration of the premises' designated Smoking area; This diagram shall accompany every lease or other agreement for the occupancy of a Unit in a Multi -Unit Residence executed after January 1, 2013. 24-12.6 Prohibitions and [duties Generail (a) Smoking is prohibited in any non smoking area of a Multi -Unit Residence established by this Section. (b) No Person shall knowingly permit Smoking in an area of the premises under his or her legal or de facto control in which Smoking is prohibited by this Section, this Code, or any other state or federal law provided, however, that this prohibition shall not apply to a Person who is already compelled to act under state or federal law. 12 (c) No Person shall knowingly permit the presence or placement of ash trays, cans, or other receptacles within Multi -Unit Residence common Areas under his or her legal or de facto control in which Smoking is prohibited by this Section, this code, or an y other state or federal law. (d) "No smoking" signs shall be clearly and conspicuously posted in Multi -Unit Residence common Areas, at every entrance, and on every floor where Smoking is prohibited by this Section or by other lair. Such Signs shall be maintained by the Person or Persons with legal control over the Multi -Unit Residence Common Areas, entrances and floors. Signs must be posted in sufficient numbers and locations in the Multi -Unit Residence Common Areas and at entrances and floors to make areas where Smoking is prohibited obvious to a reasonable person. Signs are not required at the individual entrance of each Multi -Unit Residence. The absence of signs shall not be a defense to a violation of any provision of this Section. (e) This Section shall not create additional liability for a landlord for a Person's violation of this Section, provided that the Landlord has fully complied with the required disclosures, sign posting, and other provisions of this Section. (f) The provisions of this Section are restrictive only and establish no new rights for a smoker. (g) Notwithstanding any provision of this Section or other provisions of this code, or failure to restrict Smoking under this Section, including any explicit or implicit provision that allows Smoking, nothing in this Section shall operate to limit any Person's legal rights under other laws with regard to Smoking, including, for example, claims of nuisance, trespass, property damage, and personal injury. 24-12.7 Enforcement The remedies provided by this Section are cumulative and in addition to any other remedies available at lair or in equity. (a) Enforcement of this Section shall be the responsibility of the Alameda Police Department, although any peace officer, or Fire or code Enforcement officer, may also enforce this Section. (b) While a premises is undergoing otherwise mandatory inspections, Fire and code Enforcement officers shall inspect for compliance with this Section. (c) Notice of this Section will be provided to all applicants for a business license or renewal thereof; provided, however, lack of such notice shall be no defense to a violation of this Section. (d) It shall be unlawful for any Person to smoke in any area where Smoking is prohibited under this Section. 13 (e) It is unlawful for any Person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Section to refuse to comp) with any of its provisions, or to permit any employee or patron to violate this Section. (f) causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this Section. (g) Any Person who violates any provision of this Section shall be deemed guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100.00) for the first violation. 2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year. 3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this Section within one year. (h) violations of this Section are subject to a civil action brought by the city Attorney, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation. 24-12.8 Private Enforcement (a) Any Person, including a legal entity or organization or a government agency, acting for the interests of itself, its members, or the general public, may bring a civil action to enforce this Section. Upon proof of a violation, a court shall award the following: Damages in the amount of either: (i) upon proof, actual damages; or (ii) with insufficient or no proof of damages, five hundred dollars ($500) for each violation of this Section (hereinafter "statutory damages). Unless otherwise specified in the Section, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this Section, no Person suing on behalf of the general public shall recover statutory damages based upon a violation of this Section if a previous claim brought on behalf of the general public by another Person or the City for statutory damages and based upon the same violation has been adjudicated, whether or not the Person bringing the subsequent claim was a party to the prior adjudication. (2) Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, retaliation, or a conscious disregard for the public health. (b) A Person may also bring a civil action to enforce this Section by way of an injunction or a conditional judgment. Upon proof of a violation, a court shall issue an injunction or a conditional judgment. M (c) Nothing in this Section prohibits a Person from bringing a civil action in small claims court to enforce this section, so long as the amount in demand and the type of relief sought are within the jurisdictional requirements set forth in California code of civil Procedure Section 11 0.220. Section 2. 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. Section 3. Severability clause. It is the declared intent of the city council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Presiding officer of the city council Attest: Lara Weisiger, city clerk 1, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by council of the city of Alameda in regular meeting assembled on the day of 2011, by the following vote to grit: AYES: NOES: ASSENT: ABSTENTIONS: IN WITNESS, WHEREOF, l have hereunto set my hand and affixed the official seal of said city this day of 2011. Lara Weisiger, city Clerk City of Alameda 15 CITY OF ALAM EDA ORDINANCE NO. New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING ARTICLE VIII (SUNSHINE ORDINANCE) TO CHAPTER II (ADMINISTRATION) ESTABLISHING LOCAL STANDARDS TO ENSURE PUBLIC ACCESS TO PUBLIC MEETINGS AND PUBLIC RECORDS BE IT ORDAINED by the Council of the City of Alameda that: A Section 1 The Alameda Municipal code is hereby amended by adding Article Vi l l (Sunshine Ordinance) and sections 2 -90 through 2 -93 to chapter 11 (Administration) in order to establish local standards to ensure public access to public meetings and public records to read as follows: ARTICLE Vlll. SUNSHINE ORDINANCE Wrom This sunshine ordinance has been developed to codify the city of Alameda`s public policy concerning participation in the deliberations of the city's legislative bodies and to clarify and supplement the Ralph M. Brown Act and. the California Public Records Act and expanding its application and effectiveness to local governments. It is an affirmation of good government; and a continued commitment to open and democratic procedures. It is an effort to expand. our citizens' knowledge, participation and trust. As procedures of government change and evolve so also must the lags designed to guarantee the process remains visible. In addition this ordinance will establish a mechanism for enforcement. 2.90.1 Offal. An informed public is essential to democracy. It is the goal of this ordinance to ensure that the citizens of Alameda have timely access to information, opportunities to address the various legislative bodies prior to decisions being made, and easy and timely access to all public records. 2 -90.2 Findings. The Alameda City council finds as follows: (a) It is government's duty to serve the public, reaching its decisions in full view of the public, except as provided elsewhere in this ordinance. (b) Elected City officials, commissions, boards, advisory bodies, task forces and other agencies of the city exist to conduct the people's business. This ordinance is intended to assure that the deliberations of these bodies and the city's operations are in full view of the public. Final Passage of Ordinance #6 -C CC 11- 01-11 (c) It is the City's duty to serve the public and to accommodate those who wish to obtain information about or participate in the process of making decisions. (d) The right of the people to know ghat their government and those acting on behalf of their government are doing is fundamental to a democracy, and with very few exceptions, which this ordinance will clarify, that right supersedes any other policy interest government officials may use to prevent public access to information. In those rare and unusual circumstances where the business of government may be conducted behind closed doors, those circumstances must be carefully and narrowly defined to prevent any abuse. (e) This ordinance is intended in part to clarify and supplement the Ralph M. Brown Act and the California Public Records Act to assure that the people of the City of Alameda can be fully informed and thereby retain control over the instruments of local government in their city. (f) In furtherance of these findings, as it is not in the public's interest to have private communications occur between decision makers and a limited number of individuals, and in order to assure that all citizens have equal access to their government at public meetings, cell phones and other means of electronic communications including email, text, instant imaging, etc., shall be turned off during public meetings. (g) As adopted, it is the intention of this ordinance that members of the City Council who sit on separate boards and commissions, such as, but not limited to the ARRA and CIC, will adopt these rules and requirements for each of those bodies. 2 -91 PUBLIC ACCESS TO MEETINGS. 2 -91.1 Definitions. Whenever in this Article the following words or phrases are used, they shall have the following meanings. (a) "City" shall mean the City of Alameda. (b) "Meeting" shall mean any of the following.: A congregation of a majority of the members of a policy body at the same time and place; (2) A series of gatherings, each of which involves less than a majority of a policy body, to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the City, if the cumulative result is that a majority of members has become involved in such gatherings; or (3) Any other use of personal intermediaries or communications media that could permit a majority of the members of a policy body to become aware of an item of business and of the views or positions of other members with respect thereto, and to negotiate consensus thereupon. (4) "Meeting" shall not include any of the following. (A) Individual contacts or conversations between a member of a policy body and another person that do not convey to the member the viers or positions of other members upon the subject matter of the contact or conversation and in which the member does not solicit or encourage the restatement of the viers of the other members; (B) The attendance of a majority of the members of a policy body at a regional, statewide or national conference, or at a meeting organized to address a topic of local community concern and open to the public, provided that a majority of the members refrains from using the occasion to collectively discuss the topic of the gathering or any other business within the subject matter jurisdiction of the City; or (C) The attendance of a majority of the members of a policy body at a purely social, recreational or ceremonial occasion other than one sponsored or organized by or for the policy body itself, provided that a majority of the members refrains from using the occasion to discuss any business within the subject matter jurisdiction of this body. A meal gathering of a policy body before, during or after a business meeting of the body is part of that meeting and shall be conducted only under circumstances that permit public access to hear and observe the discussion of members. Such meetings shall not be conducted in restaurants or other accommodations where public access is possible only in consideration of making a purchase or some other payment of value. (c) "Passive meeting body" shall mean: Advisory committees created by the initiative of a member of a policy body, the Mayor, or a department head; (2) Social, recreational or ceremonial occasions sponsored or organized by or for a policy body to which a majority of the body has been invited. (3) "Passive meeting body" shall not include a committee that consists solely of employees of the City of Alameda created by the initiative of a member of a policy body, the Mayor, or a department head; (d) "Policy Body" shall mean The Alameda city council; (2) Any other board enumerated in the Charter of the Cit y of Alameda; (3) Any board, commission, committee, or other body created by ordinance or resolution of the city council; (4) Any committee or body, created by the initiative of a policy body; (5) Any standing committee of a policy body irrespective of its composition. (5) "Policy Body" shall not include a committee which consists solely of employees of the city of Alameda, unless such committee was established by charter or by ordinance or resolution of the city council. 3 2 -91.2 Passive Meetings. (a) All gatherings of passive meeting bodies shall be accessible to individuals upon inquiry and to the extent possible consistent with the facilities in which they occur. (1) Such gatherings need not be formally noticed, except on the .City's website whenever possible, although the time, place and nature of the gathering shall be disclosed upon inquiry by a member of the public, and any agenda actually prepared for the gathering shall be accessible to such inquirers as a public record. (2) Such gatherings need not be conducted in any particular space for the accommodation of members of the public, although members of the public shall be permitted to observe on a space available basis consistent with legal and practical restrictions on occupancy. (3) Such gatherings of a business nature need not provide opportunities for comment by members of the public, although the person presiding may, in his or her discretion, entertain such questions or comments from Spectators as may be relevant to the business of the gathering. (4) Gatherings subject to this subsection include the following: advisory committees or other multimember bodies created in writing or by the initiative of, or otherwise primarily formed or existing to serve as a non- governmental advisor to, a member of a policy body, the Mayor, the city Manager, a department head, or any elective officer, and social, recreational or ceremonial occasions sponsored or organized by or for a policy body to which a majority of the body has been invited. This subsection shall not apply to a committee which consists solely of employees of the city of Alameda. (5) Gatherings defined in subdivision (4) may hold closed sessions under circumstances allowed by this Article (b) Any entity performing a function delegated by the city shall abide by subsection (a). 2 -91.3 Meetings To Be open And Public; Application of Brown Act. All meetings of any policy body shall be open and public, and governed by the provisions of the Ralph M. Brown Act (Government code Sections 54950 et. seq.) and of this article. In case of inconsistent requirements under the Brown Act and this article, the requirement which would result in greater or more expedited public access shall apply. 2 -91.4 conduct of Business; Time And Place For Meetings. (a) Each policy body, except for advisory bodies, shall establish by resolution or motion the time and place for holding regular meetings. (b) Unless otherwise required by state or federal law or necessary to inspect real property or personal property which cannot be conveniently brought within the territory of the city of Alameda or to meet with residents residing on property owned by the city, or to meet with residents of another jurisdiction to discuss actions of the policy body that affect those residents, all meetings of its policy bodies shall be held within the city of Alameda. (c) If a regular meeting would otherwise fall on a holiday, it shall instead be held on the next business day, unless otherwise rescheduled in advance. (d) If, because of fire, flood, earthquake or other emergency, it would be unsafe to meet at the regular meeting place, meetings may be held for the duration of the emergency at some other place specified by the policy body. The change of meeting site shall be announced, by the most rapid means of communication available at the time, in a notice to the local media who have requested written notice of special meetings pursuant to Government code Section 54955. reasonable attempts shall be made to contact others regarding the change in meeting location. (e) Meetings of passive meeting bodies as specified in Section 2- 91.1 (d ){4} of this article shall be preceded by notice delivered personally or by mail, e -mail, or facsimile as reasonably requested at least four weekdays before the time of such meeting to each person who has requested, in writing, notice of such meeting. If the advisory body elects to hold regular meetings, it shall provide by bylaws, or whatever other rule is .utilized by that advisory body for the conduct of its business, for the time and place for holding such regular meetings. In such case, no notice of regular meetings, other than the posting of an agenda pursuant to Section 2 -91.5 of this article in the place used by the policy body which it advises, is required. (f) special meetings of any policy body, including advisory bodies that choose to establish regular meeting times, may be called at any time by the presiding officer thereof or by a majority of the members thereof, by delivering personally or by mail written notice to each member of such policy body and the local media who have requested written notice of special meetings in writing. Such notice of a special meeting shall be delivered as described in (e) at least seven (7) days before the time of such meeting as specified in the notice, with the exception of any urgent matter beyond the control of the city. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the presiding officer or secretary of the body or commission a written waiver of notice. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Each special meeting shall be held at the regular meeting place of the policy body except that the policy body may designate an alternate meeting place provided that such alternate location is specified in the notice of the special meeting. (g) If a meeting must be canceled, continued or rescheduled for any reason, notice of such change shall be provided to the public as soon as is reasonably possible, including posting of a cancellation notice in the same manner as described in section 2- 91.5(c), and mailed notice if sufficient time permits. 5 2 -91.5 Agenda Requirements; Regular Meetings. (a) Twelve days before a regular meeting of City Council, and seven days for all other policy bodies, the policy body shall post an agenda containing a meaningful description of each item of business to be transacted or discussed at the meeting. Agendas shall specify for each item of business the proposed action or a statement the item is for discussion only. These time requirements shall apply to posting on the internet. (b) A description is meaningful if it is sufficiently clear and specific to alert a person of average intelligence and education whose interests are affected by the item that he or she may have reason to attend the meeting or seek more information on the item. The description should be brief, concise and written in plain, easily understood English. It shall refer to any explanatory documents that have been provided to the policy body in connection with an agenda item, such as correspondence or reports, and such documents shall be posted with to the agenda or, if such documents are of more than one page in length, made available for public inspection and copying at a location indicated on the agenda during normal office hours. (c) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. (d) All agendas shall be posted on the City's website and the City's cable channel and available at the Alameda Public Library. Complete agenda packets for each body shall be posted on the City's website to the extent fiscally and technologically feasible and shall be available for review at the Alameda Public Library and at the City Clerk's office during normal business hours. The time for compliance with this subsection shall be in accordance with the time of the posting of the agenda for the meeting. (e) All documents material to an agenda item must accompany the agenda. (f) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a policy body may respond to statements made or questions posed by persons exercising their public testimony rights, to the extent of asking a question for clarification, providing a reference to staff or other resources for factual information, or requesting staff to report back to the body at a subsequent meeting concerning the matter raised by such testimony. (g) Notwithstanding subdivision (d), the policy body may take action on items of business not appearing on the posted agenda under any of the following conditions: (1) Upon a determination by a majority vote of the body that an accident, natural disaster or work force disruption poses a threat to public health and safety. (2) Upon a good faith, reasonable determination by a two- thirds vote of the body, or, if less than two- thirds of the members are present, a unanimous vote of those members present, that (A) the need to take 9 immediate action on the item is so imperative as to threaten serious injury to the public interest if action were deferred to a subsequent special or regular meeting, or relates to a purely commendatory action, and (B) that the need for such action came to the attention of the body subsequent to the agenda being posted as specified in subdivision (a). (3) The item was on an agenda posted pursuant to subdivision a for a prior meeting of the body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (h) Each policy body shall ensure that agendas for regular and special meetings are made available upon request to speech and hearing impaired persons through telecommunications devices for the deaf, telecommunications relay services or equivalent systems, and, upon request, to sight impaired persons through Braille or enlarged type. (i) Each policy body shall ensure that notices and agendas for regular and special meetings shall include the following notice. KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City of Alameda exist to conduct the citizen of Alameda's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER. THE SUNSHINE ORDINANCE OR To REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION. {j} The Council Agenda will limit ceremonial presentations and proclamations to no more than 1 15 mutes. If more time is needed, other arrangements should be made. (k) Each agenda of a policy body covered by this Sunshine ordinance shall include the address, area code and phone number, fax number, e -mail address, and a contact person's name for the open Government Commission. Information on horn to obtain a free copy of the Sunshine ordinance Shall be included on each agenda. 2 -9.1.6 Public Notice Requirements. (a) Any public notice that is mailed, posted or published b a City v department, board, agency or commission. to residents residing within a specific area to inform those residents of a matter that may impact their property or that neighborhood area, shall be brief, concise and written in plain, easily understood English. (b) The notice should inform the residents of the proposal or planned activity, the length of time planned for the activity, the effect of the proposal or activity, and a telephone contact for residents who have questions. (c) If the notice informs the public of a public meeting or hearing, then the notice shall state that persons who are unable to attend the public meeting or hearing may submit to the City, by the time the proceeding begins, written comments regarding the subject of the meeting or hearing, that these comments will be made a part of the official public record, and that the comments will be brought to the attention of the person or persons conducting the public meeting or hearing. The notice should also state the name and address of the person or persons to whom those written comments should be submitted. (d) The City shall maintain an email notification list in order to allow any individual to sign up to automatically receive meeting agendas, updates on projects, notification of issues that impact entire neighborhoods. 2-91.7 Agenda Disclosures: Closed Sessions. (a) In addition to the brief general description of items to be discussed or acted upon in open and public session, the agenda posted pursuant to Government Code Section 54954.2, any mailed notice given pursuant to Government Code Section 54954.1 and any call and notice delivered to the local media and posted pursuant to Government Code Section 54956 shall specify and disclose the nature of any closed sessions by providing all of the following information: with respect to a closed session held pursuant to Government Code Section 54956.7: LICENSE/PERMIT DETERMINATION. Applicant(s) The space shall be used to specify the number of persons whose applications are to be reviewed. (2) With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54955.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Person(s) negotiating: Under negotiation: Price or Terms of payment or Both. The space under "Property" shall be used to list an address, including cross streets where applicable, or other description or name which permits a reasonably ready identification of each parcel or structure subject to negotiation. The space under "Person(s) negotiating" shall be used to identify the person or persons with whom negotiations concerning that property are in progress. The spaces under "Under negotiation" shall be checked off as applicable to indicate which issues are to be discussed. (3) With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9, either: CONFERENCE WITH LEGAL COUNSEL Existing litigation: Unspecified to protect service of process Unspecified to protect settlement posture or: CONFERENCE WITH LEGAL COUNSEL 0 Anticipated litigation (check one): As defendant (legal action being brought against the city or its agent or official) As plaintiff (City initiating legal action) The space under "Existing litigation" shall be used to specifically identify a case under discussion pursuant to subdivision (a) of Government code Section 54956.9, including the case name, court, and case number, unless the identification would jeopardize the City's ability to effectuate service of process upon one or more unserved parties, in which instance the space in the next succeeding line shall be checked, or unless the identification would jeopardize the city's ability to conclude existing settlement negotiations to its advantage, in which instance the space in the next succeeding line shall be checked. If the closed session is called pursuant to subdivision (b) or (c) of Section 54956.9, the appropriate space shall be checked under "Anticipated litigation" to indicate the city's anticipated position as defendant or plaintiff respectively. If more than one instance of anticipated litigation is to be reviewed, space may be saved by entering the number of separate instances in the "As plaintiff city Initiating legal action" or "As defendant legal action being initiated against City" spaces or both as appropriate. (4) With respect to every item of business to be discussed in closed session pursuant to Government code Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (5) With respect to every item of business to be discussed in closed session pursuant to Government code Section 54956.96: CONFERENCE ll�vVOLViivG A i01 11 POWERS AGENCY (specify by name) Discussion will concern: (Specify closed session description used by joint pourers agency) Name of local agency representative on joint pourers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives) (6) With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957, either: THREAT TO PUBLIC SERVICES OR FACILITIES Name, title and agency of lair enforcement officer(s) to be conferred Frith: or: PUBLIC EMPLOYEE APPOINTMENTIHIRING Title /description of position(s) to be filled: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Position and, in the case of a routine evaluation, name of employee(s) being evaluated: 0 or: PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Number of emplo affected: Emplo Actions must alwa be listed under one of the Public Emplo a items and must list the affected emplo (7) With respect to ever item of business to be discussed in closed session pursuant to Government Code Section 54957.6, either: CONFERENCE WITH NEGOTIATOR--COLLECTIVE BARGAINING Name and title of Cit ne Or representin Executive Mana Police Officers Police Nonsworn Firefi International Brotherhood of Electrical Workers (IBEW Mana and Confidential Emplo Association Alameda Cit Emplo Association Unrepresented Emplo (specif title of unrepresented emplo Anticipated issue(s) under ne Wa Hours Benefits Workin Conditions Other (specif if known) All Where rene a memorandum of understandin or ne a successor memorandum of under-standin the name of the memorandum of under-standin In case of multiple items of business under the same cate lines ma be added and the location of information. ma be reformatted to eliminate unnecessar duplication and space, so lon as the relationship of information concernin the same item is reasonabl clear to the reader. As an alt to the inclusion of len lists of names or other information in the a or as a means of addin items to an earlier completed a the a ma incorporate b reference separatel prepared documents containin the re information, so lon as copies of those documents are posted adjacent to the a within the time periods re b Government Code Sections 54954.2 and 54956 and provided with an mailed or delivered notices re b Sections 54954.1 or 54956. 2-91.8 Additional Re for Closed Sessions. a Minutes of all closed sessions of an polic bod covered b this Ordinance, with the exception of closed sessions on Charter Officer performance shall be taken b the Cit Clerk or desi The Cit Attorne sha semi- annuall make a determination of whether an closed session minutes should im continue to be exempt from disclosure, based on whether disclosure would be detrimental to the City, and shall provide a report to Council. {b} Each agenda item for a policy body covered by this ordinance that involves existing litigation shall identify the court, case number, and date the case was filed on the written agenda. For each agenda item for a group covered by this ordinance that involves anticipated litigation, the City Attorney's office or the policy body shall disclose at any time requested and to any member of the public whether such anticipated litigation developed into litigation and shall identify the court, case number, and date the case was filed, unless the City Attorney determines that lifting the exemption from disclosure would be detrimental to the City. 2 -91.9 Agendas And Related Materials: Public Records. (a) Agendas of meetings and any other documents on file with the clerk of the policy body, when intended for distribution to all, or a majority of all, of the members of a policy body in connection with a matter anticipated for discussion or consideration at a public meeting shall be made available to the public. To the extent possible, such documents shall also be made available through the policy body's Internet site. However, this disclosure need not include any material exempt from public disclosure under this ordinance. (b) Records which are subject to disclosure under subdivision (a) and which are intended for distribution to a policy body prior to commencement of a public meeting shall be made available for public inspection and copying upon request prior to commencement of such meeting, whether or not actually distributed to or received by the body at the time of the request. (c) Records which are subject to disclosure under subdivision (a) and which are distributed during a public meeting but prior to commencement of their 11 discussion shall be made ava "ab;e for public inspection prior to commencement of, and during, their discussion. (d) Records which are subject to disclosure under subdivision (a) and which are distributed during their discussion at a public meeting shall be made available for public inspection immediately or as soon thereafter as is practicable. (e) A policy body may charge the direct cost of duplication for a copy of a public record prepared for consideration at a public meeting. There shall be no charge for providing digital versions of documents (for example, PDFs). 2- 91.10 closed sessions: Permitted Topics. All information is public, though a policy body may, but is not required to, hold closed sessions: (a) With an applicant and applicant's attorney, if any, when a policy body determines it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain the license, and consistent with the requirements of Government Code Sec. 54956.7. if (b) With its negotiator prior to the purchase, sale, exchange or lease of real property by or for the City to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. (c) Based on advice of the city Attorney, to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would likely and unavoidably prejudice the position of the city in that litigation. Litigation shall be considered pending when any of the following circumstances exist: An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the city is a party, has been initiated formally; or, (2) A point has been reached where, in the opinion of the policy body on the advice of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the city, or the body is meeting only to decide whether a closed session is authorized pursuant to that advice or, based on those facts and circumstances, the body has decided to initiate or is deciding whether to initiate litigation. (3) A closed session may not be held under this section to consider the qualifications or engagement of an independent contract attorney or law firm, for litigation services or otherwise. (d) To discuss a claim for liability or losses consistent with Government Code section 54956.95. (e) Based on the advice of the city Attorney, receive, discuss, and take action concerning information obtained in a closed session of a joint powers agency, consistent with Government code Section 54956.96. (f) with the Attorney General, district attorney, City Attorney, or chief of police, or their respective deputies, or a security consultant or a security operations manager on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public's right of access to public services or public facilities. (g) To consider the appointment, employment, evaluation of performance, discipline, or dismissal of a City employee, if the policy body has the authority to appoint, employ, or dismiss the employee, or to hear complaints or charges brought against the employee by another person or employee unless the employee complained of requests a public hearing. The body may exclude from any such public meeting, and shall exclude from any such closed meeting, during the comments of a complainant, any or all other complainants in the matter. The term "employee" as used in this section shall not include any elected official, member of a policy body or applicant for such a position, or person providing services to the city as an independent contractor or the employee thereof, including but not limited to independent attorneys or law firms providing legal services to the city for a fee rather than a salary. 12 2 -91.11 Statement of Reasons For closed Sessions. Prior to any closed session, a policy body shall state the general reason or reasons for the closed session, and shall cite the statutory authority, including the specific section and subdivision, or other legal authority under which the session is being held. In the closed session, the policy body may consider only those matters covered in its statement. In the case of regular and special meetings, the statement shall be made in the form of the agenda disclosures and specifications required by Section 2 -91.7 of this article. In the case of adjourned and continued meetings, the statement shall be made with the same disclosures and specifications required by Section 2-91.7 of this article, as part of the notice provided for the meeting. In the case of an item added to the agenda as a matter of urgent necessity, the statement shall be made prior to the determination of urgency and with the same disclosures and specifications as if.the item had been included in the agenda pursuant to Section 2 -91.7 of this article. Nothin g in this section shall require or authorize a disclosure of information prohibited by state or federal lair. 2 -91.12 Disclosure of closed Session Discussions And Actions. (a) After every closed session, a policy body may in its discretion and in the public interest, disclose to the public any portion of its discussion that is not confidential under federal or state lair, e. the charter, or non- waivable privilege. g The disclosure shall be made through the presiding officer of the body or such other person, present in the closed session, whom he or she designates to convey the information. (b) A policy body shall publicly report any action taken in closed session and the vote or abstention of every member present thereon, as follows (1) Real Property Negotiations: Approval given to a policy body's negotiator concerning real estate negotiations pursuant to Government Code Section 54956.8 shall be reported as soon as the agreement is final. If its own approval renders the agreement final, the policy body shall report that approval, the substance of the agreement and the vote thereon in open session immediately. If final approval rests with another party to the negotiations, the body shall disclose the fact of that approval, the substance of the agreement a'nd the body's vote or votes thereon upon inquiry by any person, as soon as the other party or its agent has informed the body of its approval. If notwithstanding the final approval there are conditions precedent to the final consummation of the transaction, or there are multiple contiguous or closely located properties that are being considered for acquisition, the document referred to in subdivision (b) of this section need not be disclosed until the condition has been satisfied or the agreement has been reached with respect to all the properties, or both. (2) Litigation: Direction or approval given to the body's legal counsel to prosecute, defend or Seek or refrain from seeking appellate review or relief, or to othervrise enter as a party, intervener or arnicus curiae in any form of litigation as the result of a consultation p ursuant to 13 Government code Section 54956.9 shall be reported in open session as soon as given, or at the first meeting after an adverse party has been served in the matter if immediate disclosure of the City's intentions would be contrary to the public interest. The report shall identify the adverse party or parties, any co- parties with the city, any existing claim or order to be defended against or any factual circumstances or contractual dispute giving rise to the city's complaint, petition or other litigation initiative. (3) Employee Actions: Action taken to appoint, employ, dismiss, transfer or accept the resignation of a public employee in closed session pursuant to Government code Section 54957 shall be reported immediately in a manner that names the employee, the action taken and position affected and, in the case of dismissal for a violation of law or of the policy of the city, the reason for dismissal, unless the city Attorney determines that disclosure would be detrimental to the City. "Dismissal" within the meaning of this ordinance includes any termination of employment at the will of the employer rather than of the employee, however characterized. (4) Collective Bargaining: Any collectively bargained agreement shall be made publicly available at least 15 calendar days before the meeting of the policy body to which the agreement is to be reported. At a City Council meeting no less than 30 days before the initiation of bargaining of a new or extended collectively bargained agreement, the City Manager shall report the initiation of bargaining and the collectively bargained agreement shall be publicly made available (c) Reports required to be made immediately may be made orally or in writing, but shall be supported by copies of any contracts, settlement agreements, or other documents related to the transaction that were finally approved or adopted in the closed session and that embody the information required to be disclosed immediately shall be provided to any person who has made a written request regarding that item following the posting of the agenda, or who has made a standing request for all such documentation as part of a request for notice of meetings pursuant to Government code Sections 54954.1 or 54955. (d) A written summary of the information required to be immediately reported pursuant to this section, or documents embodying that information shall be posted by the close of business on the next business day following the meeting, in the place where the meeting agendas of the body are posted. (e) The city Attorney's office shall prepare and present on the City Council Consent calendar, a list of documents which have been determined to be public after previously being determined to be unavailable to the public. This list shall be presented at least semi- annually and available on the City's website. 2 -91.13 Barriers To Attendance Prohibited. (a) No policy body shall conduct any meeting, conference or other function in any facility that excludes persons on the basis of actual or presumed class identity or characteristics, or which is inaccessible to persons with physical disabilities, or where members of the public may not be present without making a E payment or purchase. Whenever the City Council, a board or commission enumerated in the City Charter or Municipal Code, or any committee thereof anticipates that the number of persons attending the meeting will exceed the legal capacity of the meeting room, any public address system used to amplify sound in the meeting room shall be extended by supplementary speakers to permit the overflow audience to listen to the proceedings in an adjacent room or passageway, unless such supplementary speakers would disrupt the operation of a City office. (b) Each board and commission enumerated in the charter shall provide sign language interpreters or note takers at each regular meeting, provided that a request for such services is communicated to the secretary or clerk of the board or commission at least 48 hours before the meeting, except for Monday meetings, for which the deadline shall be 4 p.m. of the last business day of the preceding week. {c} Each board and commission enumerated in the charter shall ensure that accessible seating for persons with disabilities, including those using wheelchairs, is made available for each regular and special meeting. {d} Each board and commission enumerated in the City Charter or [municipal Code shall include on the agenda for each regular and special meeting the following statement: "in order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City accommodate these individuals." (e) The City Council shall seek to provide translators at each of its regular meetings and all meetings of its committees for each language requested, where the translation is necessary to enable Alameda residents with limited English proficiency to participate in the proceedings provided that a request for such translation services is communicated to the City Clerk at least 48 hours before the meeting. For meetings on a Monday or a Tuesday, the request must be made by noon of the last business day of the preceding week. The unavailability of a translator shall not affect the ability of the City Council or its committees to deliberate or vote upon any matter presented to them. In any calendar year in which the costs to the City for providing translator services under this subsection exceeds $20,000, the City Council shall, as soon as possible thereafter, review the provisions of this subsection. (f) Meetings of public bodies shall adjourn no later than 11 pm, unless the meeting is extended by a majority vote of the body. (1) If the body extends three meetings in a row past 11 pm, the body shall also be required, as a part of the motion to extend the meeting, to increase the number of regular meetings of the council, board or commission in order to accomplish the business before the body before '1 pm. (2) No new items will begin after 10:30 pm unless a superrrajority of the body votes to allow the items to be heard. Nominations, announcements, and Council communications may continue to be heard 15 after 10:80 pm whether or not a supermajority of the body has voted to extend the meeting. 2- 91.14E Video and Audio Recording, Filming And Still Photography. (a) Any person attending an open and public meeting of a policy body shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera, or to broadcast the proceedings, in the absence of a reasonable finding of the policy body that the recording or broadcast cannot continue without such noise, illumination or obstruction of view as to constitute a persistent disruption of the proceedings. (b) Each board and commission enumerated in the charter shall audio record each regular and special meeting. Each such audio recording, and any audio or video recording of a meeting of any other policy body made at the direction of the policy body shall be a public record subject to inspection pursuant to the California Public Records Act (Government code Section 5250 et seq.), and shall not be erased or destroyed. Inspection of any such recording shall be provided without charge on an appropriate play back device made available by the City. (c) Every city policy body, agency or department shall audio or video record every noticed regular meeting, special meeting, or hearing open to the public held in a City Hall hearing room that is equipped with audio or video recording facilities, except to the extent that such facilities may not be available for technical or other reasons. Each such audio or video recording shall be a public record subject to inspection pursuant to the California Public Records Act (Government code Section 5250 et seq.), and shall not be erased or destroyed. The city shall make such audio or video recording available via livestreaming, as well as archived in digital form at a centralized location on the city's website within seventy -two hours of the date of the meeting or hearing and for a period of at least ten years after the date of the meeting or hearing. Inspection of any such recording shall also be provided without charge on an appropriate play back device made available by the city. This subsection (c) shall not be construed to limit or in any way modify the duties created by any other provision of this article, including but not limited to the requirements for recording closed sessions as stated in section 2-91.8 and for recording meetings of boards and commissions enumerated in the charter as stated in subsection (b) above. (1) At a minimum, the city shall provide video coverage of the following meetings: 1 city council (and all bodies associated with its members including: a. Alameda Reuse and Redevelopment Authority (ARRA) b. Community Improvement commission (CIC) c. Alameda Public Finance Authority (APFA) d. Dousing Authority Board of Commissioners (HABOC) 2. Planning Board in 3. Transportation Commission (TC) 4. Economic Development Commission (EDC) 5. Historic Advisory Board (HAB) 6. Recreation and Park Commission 7. Open Government Commission (2) All video of these meetings will be posted on the City's website for easy public access. (3) Meetings that are held in locations where video is not possible, will be recorded in a digital audio format and made available in the same Internet archive as videos for the appropriate body. 2 -91.15 s Public Testimony. (a) Every agenda for regular meetings shall provide, before undertaking regular business and again at the end of the meeting, an opportunity for members of the public to directly address a policy body on items of interest to the public that are within the policy body's subject matter jurisdiction, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by section 2- 91.5(e) of this article. The Council agenda shall provide up to fifteen minutes for this use. However, in the situation of the city Council, the agenda does not have to provide an opportunity for members of the public to address the council on any item that has been considered by a subcommittee comprised only of Councilmembers at a public meeting, unless the item has been substantially changed since the subcommittee heard the item. The city council shall have the authority to determine whether the item has been substantially changed. '(1) If the number of speakers interested in speaking under "Public Comment/Non- Agendized Items" exceeds the 15- minute period, additional time will be made available at the end of the meeting (2) In the instance where more speakers than can be accommodated within 15 minutes have signed up to speak, the city Clerk's office will randomly select the order in which speakers will be chosen to speak at the beginning of the meeting. (b) Every agenda for regular or special meetings at which action is proposed to be taken on an item shall provide an opportunity for each member of the public to directly address the body concerning that item before taking action. Public comments on closed session items shall be taken before the closed session is convened. The presiding official of any body may request speakers representing similar views to designate a spokesperson in the interest of time. Spokespersons for the proponent(s) of an agenda item and for the opponent(s) shall each have 15 minutes to present their case. The spokesperson for the proponent(s) shall have five minutes to present any rebuttal. other speakers may be requested to keep their remarks concise. (c) A policy body shall not abridge or prohibit public criticism of the policy, procedures, programs or services of the city, or of any other aspect of its proposals or activities, or of the acts or omissions of the body, on the basis that the performance of one or more public employees is implicated, or on any basis 17 other than reasonable time constraints adopted in regulations pursuant to subdivision (b) of this section. (d) To facilitate public input, any agenda changes or continuances shall be announced by the presiding officer of a policy body at the beginning of a meeting, or as soon thereafter as the change or continuance becomes known to such presiding officer. (e) All staff reports, presentations, comments from parties with a direct connection to the agenda item, and council questions will be presented before the public has an opportunity to speak so as to provide the fullest opportunity for public input on all issues before the board, commission or council. 2-91.16 Minutes. The clerk or secretary of each board and commission enumerated 'in the charter shall record the minutes for each regular and special meeting of the board or commission. The minutes shall state the time the meeting was called to order, the names of the members attending the meeting, the roll call vote on each matter considered at the meeting, the time the board or commission began and ended any closed session, the names of the members and the names, and titles where applicable, of any other persons attending any closed session, a list of those members of the public who spoke on each matter if the speakers identified themselves, whether such speakers supported or opposed the matter, a brief summary of each person's statement during the public comment period for each agenda item, and the time the meeting was adjourned. Any person speaking during a public comment period may supply a brief written summar y of their comments which shall, if no more than 150 words, be included in the minutes. The draft minutes of each meeting shall be available for inspection and copying upon request no later than ten working days after the meeting. The officially adopted minutes shall be available for inspection and copying upon request no later than ten working days after the meeting at which the minutes are adopted. Upon request, minutes required to be produced by this section shall be made available in Braille or increased type size. 2-91.17 Public Comment By Members of Policy Bodies. Every member of a policy body retains the full constitutional rights of a citizen to comment publicly on the wisdom or propriety of government actions, including those of the policy body of which he or she is a member. Policy bodies shall not sanction, reprove or deprive members of their rights as elected or appointed officials for expressing their judgments or opinions, including those which deal with the perceived Inconsistency of non public discussions, communications or actions with the requirements of state or federal law or of this ordinance. C 2 -92.1 Release of Documentary Public Information. Release of public records by a body or by any department, whether for inspection of the original or by providing a copy, shall be governed by the Public Records Act in any particulars not addressed by this chapter. The provisions of Government Code Section 6253.9 are incorporated herein by reference. 2 -92.2 Responsibilities of Staff. (a) The City Manager shall ensure that Staff is trained regarding their obligations under this ordinance. The City Clerk shall be the City Custodian of Records and the City Manager shall designate a Custodian of Records for the Police Department. The City Clerk shall also designate in each department/office a Departmental Custodian of Records who shall ensure that all depatrent staff who have contact with the public are prepared to provide written. and oral information to the public. (b) The City Clerk 'City Custodian of Records' shall, during normal hours of operation, without unreasonable delay, and without requiring an appointment, permit any person to inspect Public Record(s). The Custodian of Records of the Police Department shall during normal hours of operation, without unreasonable delay, and without requiring an appointment, permit any person to inspect Public Records). The Custodians may establish. reasonable limits to ensure orderly functioning of the office and protect Records from theft or damage. (c) Every 'Custodian of Records' shall, as soon as possible and within ten (1o) days following receipt of a request for a Public Record, comply with such request. If a Custodian of Records believes the record requested is exempt from disclosure, he/she shall state in writing the express provisions of law that justify withholding the record. (d) when a member of the public submits a request for information to any paid or elected agent of the City, that agent shall respond to said request within three (3) business days by providing the information or explaining how, when, and by whom the information will be provided, and who shall then have the responsibility of responding within ten (1o) days of receipt of such referral. Requests submitted in person, via telephone, or via email or through the City website are considered requests. (e) clothing in this Section shall be interpreted to hinder ordinary assistance in supplying records or information to the public and informal communication between members of the public, Staff, and members of Legislative Bodies. (f) while not required, a written request is recommended in order to create a paper trail for the convenience and reference of the requestor. 2 -92.3 Responsibilities of The /Mayor. If the Mayor delivers a State of the City address, it shall be given in a disabled accessible venue with audio and video streaming and transmission capabilities. The event shall be noticed, recorded, free to the public and open to 19 all. The address shall include a report on the previous year's Sunshine complaints, how they were resolved, and a summary of any actions taken or pending related to provisions of this Ordinance. 2 -92.4 Notices And Posting Of Information. (a) At a minimum, the following shall be posted on the City's website and provided in written form in the City Clerk's Office and at the reference desk of each Alameda public library. These documents must be posted on the City Website for a period of at least four (4) years: City Charter Alameda Municipal Code Building Code General Plan and Area Plans Zoning Ordinance Landmarks Preservation Ordinance Sunshine Ordinance Citizen's Guide to Public Information Records Index Records Retention Schedule Council Rules of Procedure Conflict of Interest Code Statements of Economic Interest Executive Management Work Plans Capital Improvement Plans Agendas and Minutes of the Meetings of all Legislative Bodies Budgets (b) At a minimum, within six (6) months after enactment of this Ordinance, each Legislative Body shall have posted on the City's website all current Meeting Agendas, minutes, and other documents required to be made public and thereafter, make reasonable efforts to post past materials. Each Legislative Body shall make reasonable efforts to ensure that its portion of the City's website is updated on at least a weekly basis. (c) Large documents, such as drafts and final copies of City budgets and records concerning environmental impacts, including but not limited to, those resulting from compliance with the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA), shall be posted on the City's website and made available at designated City offices with copies available for borrowing by the public at each Alameda public library. (d) Notices shall be written in easily understood language without undefined abbreviations or acronyms and give a full description of the subject, applicable regulations, significant consequences of taking action or non action, when and where the subject will be considered, opportunities for public comment, and where to obtain further information. (e) The Open Government Commission shall review public notices to ensure that they conform to the requirements of this Ordinance and work to 20 improve publicly accessible information databases to ensure consistency, equity, tuning, and extent of noticing for Meetings and other matters of public interest. (f) Right to notice regarding matters that may impact the physical environment shall be equivalent for residential and commercial tenants and property owners. (g) Meetings on matters related to or actions taken in anticipation of a potential development project or other land use matter, such as but not limited to grant applications, project funding, and ordinance changes, including but not limited to, General Plan and area plan amendments or rights transfers, shall be noticed at least as extensively as is required for Meetings on said projects. (h) online Public Records Repository. The City shall maintain an online repository of public documents on a publicly accessible website. The repository will allow the public to download any document in the repository in its entirety. (1) Documents in the repository shall be searchable at a minimum by title, date, author(s), and related City department(s). (2) Public documents should routinely be published to the public records repository by default. Documents are not required to be added to the repository where it would be cost prohibitive to do so. 2 -92.5 Public Records Index. (a) The City shall maintain a Public Records Index that identifies types of records maintained by departments and offices, including those of elected officials and Legislative Bodies. The _'Index shall be available to the public and organized under a uniform reference system that permits a g eneral understanding of the types of records maintained, in which offices and departments, and for ghat periods of retention. The Index shall be sufficient to aid the public in making a focused inquiry regarding Public Records, The Index shall be posted on the City's website and available in written form in the City Clerk's office and in each Alameda public library. (b) The Index shall classify each type of record as either: (1) "open," meaning accessible to the public without exception and subject to immediate disclosure; or (2) "Partially open," meaning possibly containing some exempt content, such that review is required; or (3) "Has been determined Exempt" meaning that disclosure of the document may be restricted by state or Federal law. Each classification of a record as "Partially open" or "Exempt" shall identify the specific legal authority relied upon in assigning that classification. (c) The City Clerk Custodian of Records shall be responsible for preparing and maintaining the Index. He /she shall report on the progress of developing the Index to the Commission on at least a quarterly basis until it is completed, which shall be no later than twelve (12) months from the enactment of this ordinance. In identifying the types of records to be maintained, each department, office, Legislative Body, and public official is encouraged to solicit public participation in developing a meaningful Records Index. The. completed Index shall be reviewed 21 by the open Government Commission and submitted for approval by the City Council. (d) The Index shall be periodically reviewed by Staff and Open Government Commission for accuracy and completeness. (e) A list of any change in the Index shall be noted on the City's website. 2 -92.6 Opinions on batters of Public Concern Public employees and City board, commission, or committee members shall not be discouraged from or disciplined for the expression of their personal opinions on any matter of public concern while not on duty, so long as the opinion is not represented as that of the City, department, board, commission or committee and does not materially misrepresent the City, department, board, commission or committee's position. Nothing in this section shall be construed to provide rights to public employees beyond those recognized by law or agreement, or to create any new private cause of action or defense to disciplinary action. 2 -92.7 Public Review File Policy Body Communications. Every Commission, Board or other official Body of the City of Alameda shall maintain a communications file, organized chronologically and accessible to any person during normal business hours, containing a copy of any letter, memorandum or other writing pertaining to the body's duties which the clerk or secretary of such body has distributed to, or sent on behalf of, a quorum of the body concerning a matter that has been placed on the body's agenda within the previous 30 days or is scheduled or requested to be placed on the agenda within the next 30 days. Excepted from the communications file shall be commercial solicitations, mail sent bulls -rate, agenda and agenda related material, periodical publications or communications exempt from disclosure under the California Public Records Act or this title. Multiple -page reports, studies or analyses which are accompanied by a letter or memorandum of transmittal need not be included in the communications file; provided, that the letter or memorandum of transmittal is included in the communications file and the reports, studies or analyses are readily available for review. 2 -92.5 lion Exempt Public Information. Notwithstanding any right or duty to withhold certain information under the California Public Records Act or other law, the following shall govern specific types of requests for documents and information: (a) Drafts and Memoranda. No completed preliminary drafts or memoranda shall be exempt from disclosure under Government Code Section 6254(a) if said completed preliminary draft or memorandum has been retained in the ordinary course of business or pursuant to law or agency or department policy. Completed preliminary drafts and memoranda concerning agreements, memoranda of understanding or other matters subject to negotiation and pending a body's approval need not be subject to disclosure until final action has been taken or said document is included as part of the public agenda packet for the body, whichever is first. (b) Litigation Material. Unless otherwise privileged or made confidential by law, records of all communications between a body's representatives and the adverse party shall be subject to public inspection and copying, including the text and terms of any settlement agreement, once the pending litigation has been settled or finally adjudicated. (c) Personnel Information. None of the following shall be exempt from disclosure under Government code Section 6254(c Job pool information, to the extent such information is compiled for reporting purposes and does not permit the identification of any particular individual. Such job pool information may include the following: (A) Sex, age and ethnic group; (B) Years of graduate and undergraduate study, degree(s) and major or discipline; (C) Years of employment in the private and/or public sector; (D) other non identifying particulars as to experience credentials, aptitudes, training or education entered in or attached to a standard employment application form used for the positioning in question. (2) The job description of every employment classification. (3) Any adopted memorandum of understanding between the city and a recognized employee organization. (4) Individual employee salaries. (d) Law Enforcement Information. The Alameda police department and its custodian of Records shall cooperate with all members of the public making requests for law enforcement records and documents under the California Public Records Act or other applicable law. Unless disclosure of the records sought is prohibited by other provisions of state or federal law, records and documents exempt from disclosure under the California Records Act pertaining to any investigation, arrest or other law enforcement activity shall be disclosed to the public to the full extent permitted by lava after the district attorney or court determines that a prosecution gill not be sought against the subject involved or the statute of limitations for filing charges has expired, whichever occurs first. Information may be redacted from such records and documents and withheld if, based upon the particular facts, the public interest in nondisclosure clearly outweighs the public interest in disclosure. Redacted Law Enforcement information may include: (A) The names of juvenile witnesses or suspects; (S) Personal or otherwise private information related or unrelated to the investigation if disclosure would constitute an unwarranted invasion of privacy; (C) The identity of a confidential source; (D) Secret investigative techniques or procedures; 23 (B) Information whose disclosure would endanger law enforcement personnel, a witness, or party to the investigation; or (F) Information whose disclosure would endanger the successful completion of an investigation where the prospect of enforcement proceedings is likely. (C) Any information required by state or federal law is to be kept confidential. (2) The Alameda police department shall maintain a record, which shall be a public record and which shall be separate from the personnel records of the agency, which reports the number of citizen complaints against law enforcement agencies or officers, the number and types of cases in which discipline is imposed and the nature of the discipline imposed. This record shall be maintained in a format which assures that the names and other identifying information of individual officers involved is not disclosed directly or indirectly. (e) contracts, Bids and Proposals. Contracts, contract bids, responses to requests for proposals and all other records of communications between the city and individuals or business entities seeking contracts shall be open to inspection and copying following the contract award or acceptance of a contract offer. Nothing in this provision requires the disclosure of a person's net worth or other proprietary financial information submitted for qualification for a contract. (f) Budgets and other Financial Information. The following shall not be exempt from disclosure: Any proposed or adopted budget for the city, including any of their respective agencies, departments, programs, projects or other categories, which have been submitted to a majority of the members of the city council, or their standing committees. (2) All bills, claims, invoices, vouchers or other records of payment obligations, as well as records of actual disbursements showing the amount paid, the payee and the purpose for which payment is made, other than payments for social, legal or other services whose records are confidential by law. The nonconfidential portion, if any, of such records shall be disclosed. 2 -92.9 Disclosure Requests. (a) A custodian of Records shall make good faith efforts to comply within a shortened timeframe that has been reasonably justified by a records requester by the facts of his or her situation, e.g. the requester needs the documents for a hearing scheduled the next day. A request to inspect or obtain copies of public records that is submitted to any department or to any body shall be satisfied no later than ten (10) business days unless the requestor is advised in writing within three (3) business days that additional time is needed to determine whether: (1) The request seeks disclosable public records or information; (2) The requested records are in the possession of the department processing the request; a (3) The requested records are stored in a location outside of the department; (4) The requested records likely comprise a voluminous amount of separate and distinct writings; Reasonably involves another department or other local or state agency that has a substantial subject matter interest in the requested records and which must be consulted in connection with the request. (b) Additional time shall not be permitted to delay a routine or readily answerable request. (c) The person seeking the information need not state a reason for making the request or the use to which the information will be put, but may be advised that providing such information may help the city assist the person finding all documents responsive to their request. (d) Unless the record request will be satisfied within one business da y, an acknowledgement of receipt of the request or notification that additional time is needed pursuant to subsection (A) of this section shall be sent to the requestor if an address has been provided. 2-92.10 Immediate Disclosure Request. (a) An immediate disclosure request is a request for public records which have been previously distributed to the public, such as past meeting agendas and agenda related materials, and including public records requests, within the past calendar year, or (2) public records that have, by other law, a requirement to be disclosed within a specific shortened time frame. All immediate disclosure requests shall describe the records sought in as focused and specific language as possible so they can be readily identified and shall state the words "Immediate Disclosure Request" across the top of the first page of the request and on any envelope in which the request is transmitted. (b) An' immediate disclosure request shall be satisfied no later than three business days unless the requestor is advised in writing within two business days that additional time is needed because of the volume of records sought. 2 -92.11 Withholding Restrictions. (a) No record shall be withheld from disclosure in its entirety unless all information contained in it is exempt from disclosure by law. Any redacted or withheld information or documents shall be explained in writing. 2 -92.12 Justification For withholding% Any withholding of information shall be justified, in writing, as follows: (a) A withholding under a permissive exemption in the California Public Records Act or this title shall cite the legal authority and, where the exemption is based on the public interest in favor of not disclosing, explain in practical terms how the public interest would be harmed by disclosure. (b) A withholding on the basis that disclosure is prohibited by law shall cite the applicable legal authority. 25 (c) A withholding on the basis that disclosure would incur civil or criminal liability shall cite any statutory or case law supporting that position. 2 -92.13 Fees For Copying. (a) No fee shall be charged for making public records available for inspection. (b) No fee shall be charged for a single copy of a current meeting agenda. (c) A fee may be charged for non digital copies of: single or multiple copies of past meeting agendas or any agenda related materials; {2} Multiple copies of a current meeting agenda; and (3) Any other public record copied in response to a specific request. (d) The city may, rather than making copies itself, contract at market rate to have a commercial copier produce the duplicates and charge the cost directly to the requester. (e) All drafts or final environmental impact reports and environmental impact statements shall be posted either on the City's website or on the consultant's website. (f) In addition to the copies routinely required for city official or staff use, the City shall require the applicant for a project that is, or will be, of widespread public interest to pay for up to 20 copies of documents such as environmental impact reports. These copies will be provided on a first -come, first serve. basis at no cost to members of the public. The city Manager or designee shall determine if and how many extra copies will be required on a case by case basis. (g) If records requested are available or can be made available in electronic format, they will be provided as such at no cost. Electronic documents will be delivered via email or by posting on the city website. Requests for documents in their original electronic format will be respected unless cost prohibitive to fully redact. (h) All fees permitted under this section shall be determined and specified in the city of Alameda master fee schedule, as amended. When the cost of writing a receipt and collecting the fees required under this section would exceed the cost of the copies, the copying fee may be waived. The master fee schedule shall note the maximum amount that may be waived. (i) Nothing in this section shall be interpreted as intending to preempt any fee set by or in compliance with state law. 2- 92.14 Website information. Each department shall make an effort to ensure its portion of the City's website is kept current. Each department shall also post public documents that are of interest to a wide number of the public. 2 -92.15 Requests Made By Email. Records requests made by email must be acknowledged with an e -mail reply to the sender, 26 2-92.16 Policy Regarding Purchase And Use of Computer systems. (a) It is the policy of the city to utilize computer technology in order to reduce the cost of public records management, including the costs of collecting, maintaining, and disclosing records subject to disclosure to members of the public under this chapter. To the extent that it is technologically and econom y feasible, departments that use computer systems to collect and store public records shall select these systems to ensure convenient, efficient, and economical public access to records. (b) Departments purchasing new computer systems shall attempt to reach the following goals as a means to achieve lower costs to the public in connection with the public disclosure of records: (1) Implementing a computer system in which exempt information is segregated or filed separately from otherwise disclosable information. (2) Implementing a system that permits paper reproduction of electronic copies of records. (c) Nothing in this section shall be interpreted to require the city to use a system that would prevent it from complying with the security requirements of the state and federal governments for accessing their records. 2 -92.17 Policy Regarding Electronic Formats. (a Electronic formats. used to represent public documents should be chosen so they are easily accessible to the public. (1) Electronic documents will be published in a machine processable format so that the public can sort, search, and transform the information to meet their needs. For example, text documents must be delivered such that the text itself is machine- processable and can be searched or processed b y text -to- speech software. Documents originally in handwritten form are exempt from this requirement. Except in the case where the city can cite a significant overriding consideration, electronic formats shall be chosen such that they can be viewed on a variety of mainstream computing platforms using freely available software. Electronic formats susceptible to obsoletion and patent licensing restrictions and formats dependent on a single operating system or proprietary software program shall not be used. Care must be taken with any electronic documents that have redactions. Some document formats retain a history of changes made, so while some content may appear to be deleted from a document it may be recoverable. Staff who perform redactions are responsible for understanding the implications of the document formats they are using and ensuring that redacted information is completely removed from the document. 2 -93.1 Primary Regulatory And Enforcement Body. The main work of enforcing the city of Alameda's sunshine ordinance will fall upon an Alameda open Government Commission consisting of five (5) 27 members, full -time City residents. Each member of the City Council will appoint an Alameda resident to serve on the commission for a terra that is concurrent and linked with the service of the appointing City Council member, but in no event shall exceed four years. should the appointing City Council member term out of office, resign, be removed or otherwise retire from office, the appointment of his or her appointee on the open Government Commission shall also end. All members must have experience and/or demonstrated interest in the issues of citizen access and participation in local government, The Commission shall be assisted, advised and generally staffed at all meetings and functions by a licensed attorney from the City Attorney's office and by a representative of the City Clerk's office. (a) A member can only be removed by a 4I5 majority vote of the City Council. (b) The Commission.shall elect a chair from among its members. The term of office as chair shall be one year. The commission will meet at least semi- annually or as needed based on the receipt of an alleged complaint of violation of this ordinance. Members of the Commission shall serve without compensation. (c) The Commission shall advise the City Council on appropriate gays in which to implement this chapter. The Commission shall develop goals to ensure practical and timely implementation of this chapter. The Commission shall propose to the City Council amendments to this chapter. The Commission shall report in writing to the City Council at least once annually on any practical or policy problems encountered in the administration of this chapter. The Commission shall, from time to time as it sees fit, issue public reports evaluating compliance with this ordinance by the City or any Department, office, or official thereof. (d) The Commission shall approve by -laws specifying a general schedule for meetings, requirements for attendance by its members, and procedures and criteria for removing members for non attendance as well as all enforcement petition and complaint procedures. The schedule shall provide for monthly meetings. A meeting shall be canceled if there is no matter pending. 2-93.2 complaint Procedures Regarding Alleged violations of The Sunshine ordinance. (a) A complainant must file a complaint no more than 15 days after an alleged violation of the sunshine ordinance. (b) Upon filing of an official complaint form (including submittal of all evidence) with the City Clerk's office, the complainant and the City (as respondent) shall appear at a hearing scheduled no later than thirty (30) business days. During this hearing the Commission will provide the parties with the chance to present evidence and make arguments. The Commission will render a formal written decision on the matter within fourteen business days of the conclusion of the hearing, (c) No complaint will be accepted by the Commission against a member of the City Council or an officially declared candidate within forty -five (45) days of a City election. 2 -93.3 Cure And correction. Nothing in this ordinance shall prevent a body from curing or correcting an action. A body shall cure and correct an action by placing the challenged action on a subsequent meeting agenda for separate determinations of whether to cure and correct the challenged action and, if so, whether to affirm or supersede the challenged action after first taking any new public testimony. The time limits of the Brown Act shall not be tolled pending any action to cure an alleged violation of the Sunshine ordinance. 2 -93.4 Responsibility For Administration. Only the city council shall be responsible for the administration and coordination of the provisions of the Alameda Sunshine ordinance, except to the extent that the city Manager carries out the responsibilities described in Section 2 -92.2. 2-93.5 Department Head Declarations. All city employees or officials who are required to file FPPC Form loo shall sign an annual affidavit or declaration stating under penalty of perjury that they have read the Sunshine ordinance and have attended or will attend when next offered, a training session on the Sunshine ordinance, to be held at least annually. Annual training shall be provided by the Alameda city Attorneys office with the assistance of the Commission. 2 -93.6 Annual Public Deport. The commission shall prepare an annual report to be placed on the City's website and made generally publicly available in printed form of alleged violations of the Ordinance brought to its attention during the previous calendar year. The report shall identify the nature of the alleged violation, the relief sought by each petition, the disposition or current status thereof and the location of all records relevant to each petition. with advance notice to City clerk's office, the Commission may also. request a tally of records requests for statistical or comparative purposes. 2-93.7 Sunshine ordinance Supersedes other Local Laws. The provisions of this Sunshine ordinance supersede other local lags. Whenever a conflict in local law is identified, the requirement which would result in greater or more expedited public access to public information shall apply. 2 -93.3 Penalties. (a) If the commission finds a violation of Sec. 2 -91, the commission may order the action of a body null and void and/or may issue an order to cure or correct. The Commission may impose a $250 fine on the city for a subsequent CID similar violation, and a $500 fine for a third similar violation, that occurs within the same 12-month period. {b} If the Commission finds a violation of Sec. 2 -92, the Commission may order the City to comply. The Commission may impose a $250 fine on the City for a subsequent similar violation, and a $500 fine for a third similar violation, that occurs within the same 12-month period. (c) Fines shall be used for records retention technology, and/or Sunshine Ordinance training and education. (d) A person who makes more than two complaints in one 12-month period that are determined by the Commission to be unfounded shall be prohibited from making a complaint for the next five years. Section 2. Sections of this ordinance shall be deemed to be severable. Should any section, paragraph, or provision hereof be declared by the courts to be unconstitutional or invalid, such holding shall not affect the validity of this Ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid. Section 3 This ordinance shall be in full force on February 1, 2012. Presiding officer of the Council Attest: Lara Weisiger, City Clerk City of Alameda 30 1, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of 201 1 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 day of 2011. Lara Weisiger, City Clerk City of Alameda a