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2006-07-18 PacketCITY OF ALAMEDA • CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - JULY 18, 2006 - - - 5:30 P.M. Time: Tuesday, July 18, 2006 5:30 p.m. Place: City Council. Chambers Conference Room, City' Hall, corner of Santa Clara Avenue and Oak Street Agenda: 1. Roll Call 2. Public Comment on Agenda Items Only Anyone wishing to address the Council on agenda items only, may speak for a maximum of 3 minutes per item. 3. Adjournment to Closed Session to consider: 3 -A. CONFERENCE WITH LABOR NEGOTIATORS Agency negotiators: Craig Jory and Human Resources Director Employee organizations: Alameda City Employees Association, International Brotherhood of Electrical Workers, and Management and Confidential Employees Association 3 -B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 2900 Main Street Negotiating parties: City of Alameda and Alameda Gateway, Ltd. Under negotiation: Price and terms 3 -C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) Section 54956.9 Number of cases: Two. 4. Announcement of Action Taken in Clo Session, if any. 5. Adjournment Beverly John CITY OF ALAMEDA • CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. AGENDA REGULAR MEETING OF THE CITY COUNCIL TUESDAY JULY 18, 2006 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 p.m., City Hall, Council Chambers, corner of Santa Clara Avenue and Oak Street] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. Agenda Items 6. Oral Communications, Non - Agenda (Public Comment) 7. Council Communications (Communications from Council) 8. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council. SPECIAL MEETING OF THE CITY COUNCIL 5:30 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) PLEDGE OF ALLEGIANCE 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3 -A. Presentation by the Park Street Business Association (PSBA) on the 22nd Annual Art and Wine Faire. 3 -B. Presentation to the Fourth of July Committee recognizing their efforts for a successful Mayor's Fourth of July Parade. 3 -C. Presentation regarding the World Masters Swim Championship to be held on August 11, 2006. [Councilmember deHaan] 3 -D. Presentation and update on Alameda Development Corporation. 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public. 4 -A. Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meetings held on July 5, 2006, and the Regular City Council Meeting held on July 5, 2006. (City Clerk) 4 -B. Bills for ratification. (Finance) 4 -C. Adoption of Resolution Amending Resolution No. 9460 to Reflect Current Positions and Entities to be Included in the City of Alameda's Conflict of Interest Code and Rescinding Resolution No. 13906. (City Attorney) 5. REGULAR AGENDA ITEMS 5 -A. Discussion of City Attorney staffing options and request to hire an Administrative Management Analyst. (City Attorney) 5 -B. Adoption of a Resolution Participating in the International Council for Local Environmental Initiatives (ICLEI) Cities for Climate Protection Campaign and Creation of a City Task Force; and • Adoption of Resolution Providing Support for Policies that Promote the Development and Commercialization of Plug -In Hybrid Electric Vehicles as a Participant in the Plug -In Partners National Campaign. (Planning and Building) 5 -C. Negotiations with the Bay Area Water Transit Authority Related to Transfer of City Ferry Services. (Public Works) 6. ORAL COMMUNICATIONS, NON- AGENDA (Public Comment) Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda. 7. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended. 8. ADJOURNMENT * ** • For use in preparing the Official Record, speakers reading a written statement are invited to submit a copy to the City Clerk at the meeting or e -mail to: lweisige @ci.alameda.ca.us • Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting • Accessible seating for persons with disabilities, including those using 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 to participate in and enjoy the benefits of the meeting Alameda Development Corporation 2363 Mariner Square Drive, Suite 240 Alameda, CA 94501 510 523 -4460 www.alamedadevcorp.org July 10, 2006 Hon. Mayor Beverly Johnson and Members of the City Council City of Alameda 2263 Santa Clara Ave. Alameda, CA 94501 Dear Honorable Mayor and Members of the Council: The Alameda Development Corporation (ADC) is pleased to provide you with an update on our organization's recent activities. We are extremely excited by the progress we have made in 2006. Six moderate - income families have purchased homes at Bayport Alameda and six more buyers have signed contracts with Warmington Homes to purchase units at Bayport and should be closing escrow by the end of July. In addition, five buyers have signed contracts with Resources for Community Development (RCD) to purchase below market rate homes at The Breakers at Bayport. We expect to provide the five additional buyers to RCD in the next few weeks. As Phase 2 of the Below Market Rate program at Bayport Alameda winds down, ADC will begin preparing for Phase 3. We expect to conduct orientation workshops and a lottery before the end of 2006. Working closely with the City of Alameda Development Services Department, ADC is in the process of clarifying Policies and Procedures for this next phase of the Bayport project. ADC is working with Habitat for Humanity East Bay to develop eight affordable ownership homes at 626 Buena Vista in Alameda. The application for Planned Development approval has been submitted to the Planning Department and will be considered by the Planning Board on Monday, July 24th. ADC is very pleased that this project is now on the verge of becoming a reality. Recent meetings with the Alameda Unified School District on the proposed development of affordable rental housing at the Island High School site have led to progress on this project. ADC selected a consultant to conduct the Phase 1 Environmental Site Assessment. The East Bay firm Fugro West completed the report at the end of June. Based on the report, we have asked for a proposal for a Phase 2 Assessment to examine possible groundwater contamination issues at the site. ADC has also solicited a proposal from JSWD Architects for a feasibility study for the site. Based on this study, ADC will make recommendations to the School District for different development scenarios. Presentation 3 -D 7 -18 -06 Finally, ADC will be scheduling a Strategic Planning session in September to review the organization's mission and priorities and to discuss policy issues and the future work plan. We thank you for your continued support of the Alameda Development Corporation. Please feel free to call our office at 523 -4460 if you have any questions. Sincerely, reg Dan Lachman Boar. 'resi. ent Executive Director Attachment Cc: Alameda Development Corp. Board of Directors Alameda Development Corporation Summary of Accomplishments Alameda Development Corporation: ADC was formed in 2000 as a non - profit corporation with a Board of Directors consisting of established community leaders. 626 Buena Vista Avenue: ADC acquired property at 626 Buena Vista Ave. and is in the process of developing eight (8) units of affordable ownership housing in partnership with Habitat For Humanity East Bay. Plans have been submitted to the Planning Department for Planned Development approval. Marina Cove: ADC successfully placed twelve (12) low and moderate - income families into homes at KB Homes' Marina Cove Development. In addition, ADC performs annual in -home inspections. Affordable Housing Guidelines: ADC developed Affordable Housing Guidelines. These Guidelines were submitted to the Planning Director and were a resource for the City of Alameda in the development of its own guidelines. Education: ADC has held numerous, well- attended, educational workshops covering home improvement projects, routine maintenance and housing related resources. ADC worked with Pagano's Hardware to develop a post - purchase counseling workshop. Bayport Alameda: 1. ADC was retained by Warmington Homes California to conduct buyer placement services for forty -eight (48) below - market -rate homes at Bayport Alameda. By the end of 2006, ADC will have successfully placed thirty-two (32) moderate - income families into the new homes. 2. Resources for Community Development (RCD) retained ADC to market and perform buyer placement and buyer selection for ten (10) below - market rate homes at The Breakers at Bayport. By August 2006, ADC will have successfully selected and placed 10 moderate - income families in those homes. Alameda Unified School District: ADC is providing consulting services to the Alameda Unified School District (AUSD) to assist in the development of workforce rental housing on the Island High School site. ADC worked with the District to identify the site for use of the District's Housing funds, and is currently working with AUSD staff to refine the development program. UNAPPROVED MINUTES MINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING WEDNESDAY- -JULY 5, 2006- -5:30 P.M. Mayor /Chair Johnson convened the Special Joint Meeting at 5:40 p.m. ROLL CALL - Present: Councilmembers / Board Members / Commissioners Daysog, deHaan, Gilmore, Matarrese, and Mayor /Chair Johnson - 5. Absent: None. The Special Joint Meeting was adjourned to Closed Session to consider: ARRA Conference with Real Property Negotiators; Property: Alameda Naval Air Station; Negotiating parties: ARRA and Navy; Under negotiation: Price and terms. (06- CC) Conference with Labor Negotiators; Agency Negotiators: Craig Jory and Human Resources Director; Employee Organizations: Alameda City Employees Association, International Brotherhood of Electrical Workers, and Management and Confidential Employees Association. (06- CC) Conference with Property Negotiators; Property: Fruitvale Railroad Bridge; Negotiating parties: City of Alameda and Army Corp. of Engineers; Under negotiation: Price and terms. * ** Mayor /Chair Johnson called a recess at 7:40 p.m. to hold the Regular Meeting and reconvened the Special Joint Meeting at 9:56 p.m. * ** (06- CIC) Conference with Legal Counsel - Existing Litigation; Name of case: Community Improvement Commission v. Cocores Development Company. (06- CC) Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation pursuant to subdivision (c) of Section 54956.9; Number of cases: One. Following the Closed Session, the Special Joint Meeting was reconvened and Mayor /Chair Johnson announced that regarding Alameda Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 5, 2006 1 Naval Air Station, direction was given to Real Property Negotiators; regarding Conference with Labor Negotiators, Council received a briefing from Labor Negotiators and gave direction on settlement parameters; regarding Fruitvale Railroad Bridge, Council received a briefing from Real Property Negotiators and gave direction to Negotiator; regarding Existing Litigation, the CIC received a briefing from Leal Counsel and gave direction on settlement parameters; and regarding Anticipated Litigation, Council received briefing from Legal Counsel and gave direction. Adjournment There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 12:30 a.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The Agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 5, 2006 2 UNAPPROVED MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING WEDNESDAY- -JULY 5, 2006- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:52 p.m. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (06- ) Mayor Johnson announced that the recommendation to appoint Rebecca A. Kozak [paragraph no. 06- ] was withdrawn from the agenda. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (06- ) Welcoming of new Police Chief, Walter Tibbet. The City Manager introduced the new Police Chief and the City Clerk administered the Oath of Office. Police Chief Tibbet thanked Council for the opportunity to serve as Police Chief and introduced his family. (06- ) Library project update. The Project Manager provided a brief update. Vice Mayor Gilmore inquired why there was only one bidder for each of the three individual Information Technology Contracts. The Project Manager stated the Contracts were sole source Contracts for Library technology. Vice Mayor Gilmore inquired whether the three Contracts came in on budget. The Project Manager responded the Contracts came in $200,000 less than expected; stated the furniture Contract came in lower also; the total savings would probably take care of all contingency requirements. Councilmember deHaan stated the project is on time and on budget; inquired whether $1 million of the $2 million Measure 0 money would be spent. Regular Meeting Alameda City Council 1 July 5, 2006 The Project Manager responded the Measure 0 reserve for the branch budget is approximately $1.5 million at this time; stated over $2 million should return to Measure 0 funds for branch improvements. Councilmember deHaan inquired whether some redevelopment bond money was used. The Project Manager responded $2 million of redevelopment money was allocated to the project; $1 million went into funding the construction contract immediately. Councilmember deHaan inquired whether the other $1 million earmarked for the project would go back to redevelopment. The Project Manager responded in the affirmative; further stated $670,000 in Measure 0 funding would be earmarked for the main branch until the State audit is completed, which should occur in December. Mayor Johnson thanked the Project Manager for the project being on time and on budget. The Project Manager stated another tour of the building should take place next month. CONSENT CALENDAR Mayor Johnson announced that the recommendation to accept the Park Street Clock [paragraph no. 06- ] was removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *06- ) Minutes of the Regular City Council Meeting held on June 20, 2006. Approved. ( *06- ) Ratified bills in the amount of $3,209,974.98. (06- ) Recommendation to accept the Park Street Clock donated by Frank and Debbie George, Pillow Park Plaza owners. Regular Meeting Alameda City Council 2 July 5, 2006 Mayor Johnson thanked the George's for the beautiful clock; stated the George's wanted to donate the clock for many years; the clock adds to Park Street's character and appearance. Debbie George thanked Development Services for handling the process swiftly and professionally. Mayor Johnson requested that the City hold a dedication ceremony and install a plaque recognizing the George's. Frank George thanked Council and the community. By consensus, the motion carried by unanimous vote - 5. ( *06- ) Recommendation to award Contracts in the amount of $417,445.56 for Information Technology in the New Main Library. Accepted. (06- ) Recommendation to appoint Rebecca A. Kozak to the Bay Area Library and Information System (BALIS) Advisory Board. Withdrawn. ( *06- ) Resolution No. 13982, "Calling for a General Municipal Election to be Consolidated with the Statewide General Election, to be Held in the City of Alameda on Tuesday, November 7, 2006 and Requesting the Alameda County Board of Supervisors to Permit the County Clerk /Registrar of Voters to Render Specified Services to the City Relating to the Conduct of Said Election." Adopted. ( *06- ) Resolution No. 13983, "Authorizing the City Manager to Execute the Grant Contract between the State of California Department of Boating and Waterways and the Alameda Police Department." Adopted. REGULAR AGENDA ITEMS (06- ) Resolution No. 13984, "Reappointing Roberto Rocha to the Civil Service Board." Adopted; (06- A) Resolution No. 13985, "Appointing Michael E. the Civil Service Board." Adopted; (06- B) Resolution No. 13986, "Appointing DuWayne A. Commission on Disability Issues." Adopted; Soderberg to Crone to the (06- C) Resolution No. 13987, "Appointing Paulina Kirola to the Commission on Disability Issues." Adopted; Regular Meeting Alameda City Council 3 July 5, 2006 (06- D) Resolution No. 13988, "Reappointing Judith A. Lynch to the Historical Advisory Board - Community -at -Large Seat." Adopted; (06- E) Resolution No. 13989, "Appointing Mark Irons to the Historical Advisory Board - Contractor Seat." Adopted; (06- F) Resolution No. 13990, "Reappointing Jeff Cambra to the Housing and Building Code Hearing and Appeals Board." Adopted; (06- G) Resolution No. 13991, "Appointing Harold J. Holmes to the Housing and Building Code Hearing and Appeals Board." Adopted; (06- H) Resolution No. 13992, "Reappointing Billie Trujillo to the Housing Commission." Adopted; (06- I) Resolution No. 13993, "Reappointing Karen A. Butter to the Library Board." Adopted; (06- J) Resolution No. 13994, "Reappointing Anne Cook to the Planning Board." Adopted; (06- K) Resolution No. 13995, "Reappointing Andrew J. Cunningham to the Planning Board." Adopted; (06- L) Resolution No. 13996, "Reappointing Ann McCormick to the Public Utilities Board - Engineer Seat." Adopted; (06- M) Resolution No. 13997, "Reappointing Michael J. the Transportation Commissioner." Adopted; and (06- N) Resolution No. 13998, "Reappointing Robert L. to the Transportation Commission." Adopted. Kreuger to McFarland Councilmember Matarrese moved adoption of the resolutions. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented certificates to Board and Commission members. Mayor Johnson thanked the Board and Commission members for their willingness to serve. ORAL COMMUNICATIONS, NON- AGENDA (06- ) The following speakers discussed Measure A: Former Councilmember Barbara Kerr, Alameda; Karen Butter, League of Women Voters (submitted letter); Arthur Lipow, Alameda Public Affairs Program; Ashley Jones, Alameda; Janet Gibson, Alameda; Helen Sause, Housing Opportunities Makes Economic Sense (HOMES); Pat Gannon, Regular Meeting Alameda City Council 4 July 5, 2006 Alameda; Doug Biggs, Alameda; Reyla Graber, Alameda; Nita Rosen, Alameda; Denise Brady, Alameda; Former Councilmember Lil Arnerich, Alameda. (06- ) Duane Rutledge, Dublin, discussed his appeal process regarding the housing lottery at Bayport. (06- ) Robert Sikora, Alameda, discussed the Plug in Partners program and the environment. (06- ) David Kirwin, Alameda, raised questions about the Buy Alameda campaign. Mayor Johnson suggested Mr. Kirwin speak to the Finance Director. COUNCIL COMMUNICATIONS (06- ) Councilmember Matarrese requested an explanation of the process for the Bayport Housing lottery; inquired when Mr. Rutledge's case would reach an end. The Development Services Director outlined the process; stated staff received Mr. Rutledge's appeal and would review the matter; if Mr. Rutledge disagrees with the staff ruling, he could appeal to the Community Improvement Commission; noted the process to provide information regarding the rules is being clarified. (06- ) Councilmember Matarrese inquired when the clean air inventory resolution would be on the Council agenda, to which the City Manager responded July 18, 2006. Councilmember Matarrese requested the resolution include Alameda Power & Telecom's action regarding Plug in Partners. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 8:59 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 July 5, 2006 5 UNAPPROVED MINUTES MINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION MEETING WEDNESDAY- -JULY 5, 2006- -7:31 P.M. Mayor /Chair Johnson convened the Special Joint Meeting at 9:00 p.m. ROLL CALL - Present: MINUTES Councilmember /Board Members /Commissioners Daysog, deHaan, Gilmore, Matarrese, and Mayor /Chair Johnson - 5. Absent: None. (06- CC /06- CIC) Minutes of the Special Joint City Council, Community Improvement Commission, Alameda Reuse and Redevelopment Authority, and Housing Authority Board of Commissioners Meeting held on June 20, 2006, and the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting held on June 20, 2006. Approved. Councilmember /Board Member /Commissioner Matarrese moved approval of the minutes. Councilmember /Board Member /Commissioner deHaan seconded the motion, which carried by unanimous voice vote - 5. AGENDA ITEMS (06- CC /06- CIC) Discussion of City Attorney / /General Counsel Legal Services and staffing options. Mayor /Chair Johnson stated she was reluctant to add positions; the Administrative Management Analyst's duties are a Council priority; she does not want to increase staff, but there is a rational for the position; freezing positions was not done strategically in the past; expanding the number of employees is not the intended direction even if the Council /Commission decides to fill the position; reviewing staffing levels is a long -term process. Councilmember /Board Member /Commissioner deHaan stated he has concerns about filling the position; the task should be handled by various departments; he is still working through the process of where the position sits; he prefers to have the position closer to Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 5, 2006 1 the operational side; he is concerned with the job title; Management Analyst would be more appropriate; he realizes there is a deficit. Mayor /Chair Johnson stated there should be a review on whether Risk Management should be in the City Attorney's office. Councilmember /Board Member /Commissioner deHaan stated there is an immediate need; an organizational chart was requested; inquired whether the matter could be held over for one more meeting. The City Attorney /Legal Counsel responded in the affirmative; stated the position is in the recommended budget; the matter could be held over, and no action would be taken. Councilmember /Board Member /Commissioner deHaan stated holding the matter over would provide an opportunity for additional review. Mayor /Chair Johnson requested an explanation of the position's duties and a review on how other cities handle workers' compensation. Councilmember /Board Member /Commissioner deHaan concurred with Mayor /Chair Johnson. Vice Mayor /Board Member /Commissioner Gilmore noted the staff report states that the position is not a General Fund position; inquired whether the position actually would be a General Fund position because other departments funded by the General Fund would pay for the position, to which the City Attorney /Legal Counsel responded in the affirmative. The City Manager /Executive Director stated a portion comes from other funds as well. Mayor /Chair Johnson and Councilmember /Board Member /Commissioner Matarrese suggested continuing the matter. Councilmember /Board Member /Commissioner deHaan concurred with Mayor /Chair Johnson and Councilmember /Board Member /Commissioner Matarrese with the caveat that the position not be excluded from the budget. Mayor /Chair Johnson stated on- going, strategic review is needed. Councilmember /Board Member /Commissioner Matarrese stated the Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 5, 2006 2 Council /Commission needs to be provided with an organization chart, an outline of other duties the position might serve, and a rational for the position being where it is now along with some possible alternatives when the matter returns. (06- CC) Resolution No. 13899, "Approving and Adopting the Operating Budget for Fiscal Year 2006 -2007 and Appropriating Certain Moneys for the Expenditures Provided in Said Fiscal Year." Adopted; (06- CIC) Resolution No. 06 -144, "Approving and Adopting the Operating Budget for Fiscal Year 2006 -2007 and Appropriating Certain Moneys for the Expenditures Provided in Said Fiscal Year." Adopted; and ARRA Resolution No. 38, "Approving and Adopting the Operating Budget for Fiscal Year 2006 -2007 and Appropriating Certain Moneys for the Expenditures Provided in Said Fiscal Year." Adopted. The City Manager /Executive Director provided a brief presentation. Councilmember /Board Member /Commissioner Matarrese stated the budget was presented very clearly; he is concerned about the General Fund revenue; requested that revenue increases or decreases above or below projections be categorized as reliable or unreliable at the sales tax mid -year review; stated the sales tax is still lagging and should be watched carefully; revenue increases or decreases can be included in the ten -year modeling and projections to evaluate how to adjust expenditures moving forward. Mayor /Chair Johnson inquired whether information was available on sales tax projections. The Finance Director responded the June quarterly report should be received by the first of August; the Sales Tax Consultant prepares the analogies and summary results; she would try to get the reports sooner. Mayor /Chair Johnson stated there is a commitment to continue with conservative budgets; the budget increase is less than projected growth in revenue; an Alameda Power and Telecom briefing has not been done. Vice Mayor /Board Member /Commissioner Gilmore inquired whether a joint meeting has been scheduled with the Golf Commission. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 5, 2006 3 The City Manager /Executive Director responded various joint meetings would be scheduled. Vice Mayor /Board Member /Commissioner Gilmore requested an explanation for the loss in Golf revenue in Fiscal Year 1996 -1997; stated that she is concerned with redoing the Clubhouse; money has been made in only five of the past ten years. Councilmember /Board Member /Commissioner deHaan commended staff for putting the budget together in a good, orderly manner; stated all golf courses have had a steady down trend; coming out of construction and into operation is an important phase for Alameda Power and Telecom; competitiveness makes it more difficult to break even; enterprise areas have been successful in the past; the Greater Alameda Business Association (GABA) would like to request funding as part of the mid -year budget review; GABA has extended membership to Harbor Bay; the ten -year forecast is extremely important to ensure key elements are addressed; requested that the ten -year forecast tool come to the Council in the next month or two; the ten -year forecast does not need to be completely refined; suggested reviewing possible funding streams for a $20,000 to $30,000 initial analysis of the auxiliary pumping system; stated that he is looking forward to sidewalk and tree discussions by mid- year review; programs should be put in the needed state of repair if additional funding materializes; he appreciates the Police and Fire Department's attrition concerns; he would like to have a better understanding of attrition taking place over the next two or three years, including forecasting. Vice Mayor /Board Member /Commissioner Gilmore requested information on how the City has been impacted by the Metropolitan Golf Course in terms of playing and the banquet facility. Mayor /Chair Johnson responded the banquet facility is very small. Vice Mayor /Board Member /Commissioner Gilmore stated the banquet facility is being expanded to accommodate 200 people. Councilmember /Board Member /Commissioner deHaan stated that San Leandro's banquet facility is very small; the good news is that the rainy season is over; Jim's has been fairly successful at the golf course; Jim's serves the same menu as the restaurant on Lincoln Avenue. Mayor /Chair Johnson stated discussion on the proposed, new Clubhouse should be addressed at a joint meeting; suggested that Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 5, 2006 4 the turf management plan be renamed the turf /field management plan. Councilmember /Board Member /Commissioner Daysog stated the current budget process was seamless and transparent; three components are involved with approving the operating budget: City Council, Community Improvement, and Alameda Reuse and Redevelopment Authority; that he is not ready to endorse shifting from retail /office redevelopment to residential redevelopment [at the Fleet Industrial Supply Center], which has a $6.9 million cost; suggested that the resolutions be adopted separately. Mayor /Chair Johnson stated the budget adoption should move forward and the Alameda Power and Telecom briefing should be scheduled. Councilmember /Board Member /Commissioner Matarrese stated a follow - up joint meeting [with the Public Utilities Board] is needed to address unanswered, time - dependent assessment and evaluation questions raised at the last joint meeting. Mayor /Chair Johnson stated scheduling a joint meeting might take longer; scheduling a briefing first would allow for better preparation; both a briefing and joint meeting should be scheduled. Councilmember /Board Member /Commissioner deHaan inquired whether quarterly reports are provided. The City Manager /Executive Director responded that information provided to the Public Utilities Board would be shared. Councilmember /Board Member /Commissioner deHaan stated quarterly reports should be the minimum; key indicators need to be reviewed. Councilmember Matarrese moved adoption of the City Council resolution. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. Commissioner Matarrese moved adoption of the Community Improvement Commission resolution. Commissioner Gilmore seconded the motion, which carried by the following voice vote: Ayes: Commissioners deHaan, Gilmore, Matarrese, and Chair Johnson - 4. Abstentions: Commissioner Daysog - 1. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 5, 2006 5 Board Member Daysog moved adoption of the Alameda Reuse and Redevelopment Authority resolution. Board Member Matarrese seconded the motion, which carried by unanimous voice vote - 5. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 9:36 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission July 5, 2006 6 July 13, 2006 Honorable Mayor and Councilmembers: This is to certify that the claims listed on the 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 149805 - 150291 E15265 -E15389 EFT 224 EFT 225 EFT 226 Void Checks: Amount 2,168,106.03 77, 370.59 46,109.68 250, 000.00 5,562.00 142842 (15.00) 149980 (159.89) 149731 (287.10) 148319 (22,750.00) GRAND TOTAL Respectfully submitted, Pamela J. Sibley Council Warrants 07/18/06 2, 523, 936.31 BILLS #4 -B 07/18/06 City of Alameda Memorandum July 18, 2006 To: Honorable Mayor and Members of the City Council From: Teresa Highsmith City Attorney Re: Amending Conflict of Interest Code by Amending Paragraph Two of Resolution No. 9460 Relative to Disclosure Positions and Disclosure Categories and Rescinding Resolution No. 13906 and Requesting that the City Council Designate the City Attorney as the City's Reviewing Body of the Conflict of Interest Codes of Other Local Agencies Within the City's Jurisdiction. Background The City of Alameda is required to adopt a Conflict of Interest Code and to make amendments when new positions are added or duties changed. The last amendments to the Conflict of Interest Code were adopted November 2, 2005, Resolution No. 13906. In addition, every local government agency which has a Conflict of Interest Code within its authority has been directed to review its Conflict of Interest Code and to either amend the code if necessary or report to their respective code reviewing body, (City Council) that no amendment is necessary. Discussion The Political Reform Act requires that every city adopt a Conflict of Interest Code and amend it whenever new positions are designated or duties changed. Employees are to be included when they may be involved in the making or participate in the making of decisions which may foreseeably have a material financial effect on any financial interest. Boards, commissions and committees are to be included when they have decision making authority. Each employee position has been reviewed to determine which employees are involved in the making of decisions potentially having a material effect on any financial interest. Each employee who either has been added to the Conflict of Interest Code or has a change in the reporting requirements was given a copy of the proposed Conflict of Interest Code. Each employee was requested to advise of any recommendations or objections. There have been no objections made by any employees to the changes. Re: Reso 4 -C 7 -18 -06 Mayor and Councilmembers July 18, 2006 Page 2 The Fair Political Practices Commissions (FPPC) implements and interprets the Conflict of Interest provisions of the Political Reform Act. FPPC regulation C.C.R. Section 18701 provides guidance in determining whether a board or commission is solely advisory or has decision making authority. It states: (1) "Member" shall include, but not be limited to, salaried or unsalaried members of committees, boards or commissions with decisionmaking authority. (A) A committee, board or commission possesses decisionmaking authority whenever: (i) It may make a final governmental decision; (ii) It may compel a governmental decision; or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden; or (iii) It makes substantive recommendations which are, and over an extended period of time have been, regularly approved without a significant amendment or modification by another public official or governmental agency. Each committee, board, and commission has been reviewed. This review included the existing committees, boards, and commissions and those created since adoption of Resolution No. 12073, adopted February 20, 1991. The staff liaison to each of the committees, boards and commissions reviewed the recommendations of that entity to the City Council. The record of each entity was reviewed to determine whether the City Council regularly approved their substantive recommendations without significant amendment or modification. It concludes that all of the current disclosure categories for all existing committees, boards and commissions were correct. Addressing Section 87306.5 of the Political Reform Act, requiring the City Council to act as a reviewing body, I am requesting that the City Council, by motion delegate the responsibility of being the reviewing body to the City Attorney. A copy of each local agency's Conflict of Interest Code and bi- annual reports will be kept on file in the City Clerk's office. Budget Consideration /Financial Impact There will be no impact on the General Fund. Mayor and Councilmembers July 18, 2006 Page 3 Recommendation . The attached resolution amending the City's Conflict of Interest be adopted; and . That the City Council, by motion, delegate to the City Attorney, the responsibility of being the reviewing body for local government agencies' Conflict of Interest Codes. Respectfully submitted, Teresa L. Highs City Attorney cc: City Manager Assistant City Manager Assistant to the City Manager E 0 0 CU a) 0 0 0. CITY OF ALAMEDA RESOLUTION NO. AMENDING RESOLUTION NO. 9460 TO REFLECT CURRENT POSITIONS AND ENTITIES TO BE INCLUDED IN THE CITY OF ALAMEDA'S CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 13906 BE IT RESOLVED by the Council of the City of Alameda that City of Alameda Resolution No. 13906 is hereby rescinded; and BE IT FURTHER RESOLVED by the Council of the City of Alameda that Paragraph 2 of the Conflict of Interest Code set forth in Resolution No. 9460 be amended thereof to read: 2. The terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code for the following departments and agencies: Alameda Power & Telecom Building Services Division City Attorney's Office City Clerk's Department City Council City Manager's Department Civil Service Board Claims Board Development Services Department Economic Development Commission Film Commission Finance Department Fire Department Golf Commission Golf Complex Historical Advisory Board Housing and Building Code Hearing and Appeals Board Housing Authority Housing Commission Human Resources Department Information Technology Library Board Library Department Pension Board Planning Department Police Department Public Art Commission Public Utilities Board Public Works Department Recreation and Park Commission Recreation and Park Department Social Service Human Relations Board Resolution #4 -C CC Transportation Commission 7 -18 -06 DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES DESIGNATED POSITIONS Alameda Power & Telecom General Manager Operations Manager Administrative Services Manager Marketing Manager Utility Service Manager Utility Planning Supervisor Engineering Supervisor Financial Analyst Financial Services Supervisor Senior Electrical Engineer Support Services Supervisor Technical Operations Superintendent Telecom Operations Supervisor Line Superindentent Assistant Line Superintendent Marketing Coordinator Marketing Specialist Customer Service Supervisor City Attorney's Office City Attorney* Assistant City Attorney Deputy City Attorney Risk Manager City Clerk's Department City Clerk Deputy City Clerk City Council City Council Members* City Manager's Department City Manager* Assistant City Manager Assistant to the City Manager *Reporting requirements covered by other law. DISCLOSURE CATEGORY A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F Appendix A - Page 1 Civil Service Board Board Members Claims Board Board Members Development Services Department Alameda Point Project Manager Development Services Director Community Development Manager Community Development Program Manager Redevelopment Manager Development Coordinator Development Manager Development Manager, Housing Development Project Manager Planner III Management Analyst Reconstruction Specialist I Reconstruction Specialist II Administrative Services Coordinator Economic Development Commission Commission Members Finance Department Auditor Treasurer* Chief Financial Officer Supervising Accountants Admin. Services Coordinator Financial Analyst Fire Department Fire Chief Deputy Chief Division Chiefs Assistant Fire Marshal — Captain Training Director Assistant Training Director E.M.S. Director E.M.S. Education Coordinator Disaster Preparedness Coordinator Firefighter Inspector *Reporting requirements covered by other law. A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F Appendix A - Page 2 Golf Commission Commission Members Golf Complex General Manager Golf Professional Assistant Golf Professional Golf Course Maintenance Superintendent Historical Advisory Board Board Members Housing Authority Board Members Executive Director Finance Manager Housing Assistance Manager Housing Authority Manager Maintenance Services Coordinator Housing and Building Code Hearing and Appeals Board Board Members Housing Commission Commission Members Human Resources Department Human Resources Director Senior Management Analyst Information Technology Department Information Technology Director Information Technology Operations Supervisor Library Board Board Members Library Department Library Director Supervising Librarian Library Technician (Order Clerk) *Reporting requirements covered by other law. None A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F Appendix A - Page 3 Pension Board Board Members Planning Board Board Members* Planning and Building Department Planning and Building Director Planning Services Manager Building Official Building Services Manager Supervising Building Inspector Code Compliance Officer Supervising Planner Permit Technician I Permit Technician II Permit Technician III Plan Check Engineer Planner III Planner II Planner I Combination Building Inspector Senior Combination Building Inspector Police Department Chief of Police Civilian Records Manager Police Captains Police Lieutenants Public Art Commission Commission Members Public Utilities Board Board Members Public Works Public Works Director City Engineer Public Works Coordinator Public Works Superintendent Public Works Supervisor *Reporting requirements covered by other law. A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F Appendix A - Page 4 Public Works Supervisor — Ferry Manager Senior Civil Engineer Supervising Civil Engineer Associate Civil Engineer Traffic Engineer Survey & Construction Inspector Supervisor Senior Construction Inspector Construction Inspector Administrative Management Analyst Administrative Management Analyst Environmental Services Administrative Services Coordinator Recreation and Park Commission Commission Members Recreation and Parks Department Recreation and Parks Director Recreation Services Manager Senior Services Manager Recreation Supervisors Park Manager Social Service Human Relations Board Board Members Transportation Commission Committee Members *Reporting requirements covered by other law. A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F A through F Appendix A - Page 5 Consultants* * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Appendix A - Page 6 DISCLOSURE CATEGORIES An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. An investment, interest in real property, or source of income or gift does not have a foreseeable material effect on an economic interest of the designated employee unless the business, real property or source of income or gift may foreseeably require legislative action or permits from the City of Alameda or may foreseeably enter into contracts or leases with or make sales of real property or goods or services to or be sold to the City of Alameda, a department thereof or the Housing Authority of the City of Alameda. In general, that which a reasonable person would predict, anticipate, or expect beforehand, can be said to be "foreseeable ". The term requires the application of reasonable judgment to assess the degree of likelihood that a decision made or participated in will as financial interest. Where the likelihood is sufficiently great that a reasonable person would predict or anticipate an effect on a financial interest, the effect of the decision is foreseeable. Clearly, in the context of designating positions within a Conflict of Interest Code, "foreseeable" means greater probability than "conceivable ", yet less probability than "certainly ". CATEGORY A - INVESTMENTS All direct or indirect investments of the designated employee valued over $2,000 in a business entity, including any parent, subsidiary or related business, either (1) located in Alameda or (2) doing business in Alameda. CATEGORY B - INTERESTS IN REAL PROPERTY All direct or indirect interests over $2,000 of the designated employee in real property located in Alameda. CATEGORY C - INCOME (OTHER THAN GIFTS AND LOANS) All direct or indirect income of the designated employee aggregating $500 or more from any one source, during the reporting period. Appendix B - Page 1 CATEGORY D - LOANS Outstanding loans and loans received by the designated employee from one source, aggregating $500.00 or more during the reporting period. CATEGORY E - GIFTS Gifts to the designated employee from one source, which total $50 or more during the reporting period. CATEGORY F - TRAVEL PAYMENTS, ADVANCES AND REIMBURSEMENTS Travel payments to the designated employee from one source, which total $320 or more during the reporting period. Reportable travel payments include advances and reimbursements for travel and related lodging and subsistence. Appendix B - Page 2 INCOMPATIBLE ACTIVITIES (A) No officer or employee shall engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his /her duties as an officer or employee or with the duties, functions or responsibilities of his /her appointing power or the agency. No officer or employee shall perform any work, service or counsel for compensation outside of his /her employment where any part of his /her efforts will be subject to approval by any other officer, employee, board of commission of his /her employing body. (B) An employee or officer's outside employment, activity or enterprise is prohibited if that: (1) Involves the use for private gain or advantage of his /her departmental time, facilities, equipment and supplies; the badge, uniform, prestige or influence of the departmental office or employment; (2) Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the City for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his /her employment as a part of his /her duties as a local agency officer or employee; (3) Involves the performance of an act in other than his /her capacity as an officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer or employee of the department by which he /she is employed; (4) Involves such time demands as would render performance of his her duties as an officer or employee Tess efficient. This Appendix C shall apply to all employees, officers and agents within the agencies covered by the Code. (This Appendix does not incorporate by reference the definitions of the Political Reform Act and the regulations adopted pursuant thereto. Interpretations of Government Code Section 1126 are applicable and interpretations of the Political Reform Act may apply.) Appendix C - Page 1 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2006, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of , 2006. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA MEMORANDUM Date: July 18, 2006 To: Honorable Mayor and Council Members From: Teresa L. Highsmit City Attorney Re: City Attorney Staffing Options: Request to Hire an Administrative Management Analyst This is a supplemental report to the July 5' 2006 staff report regarding the City Attorney's request and City Manager's budget recommendation to fill the position of Administrative Management Analyst for the Risk Management Division of the City Attorney's Office. The Council requested additional information, including an organizational chart. This memorandum is in the format of "Frequently Asked Questions" or FAQ's, as an easy reference. 1. What is the organizational structure of the City Attorney's Office? As shown in the attached organizational chart (Exhibit A), the present staffing of the City Attorney's Office is comprised of the City Attorney, three staff attorneys, a part-time law clerk(s), three administrative support staff, the Risk Manager and one administrative support person for Risk Management. The position of Administrative Management Analyst is currently funded under the budget adopted by Council on July 5, 2006, but is presently unfilled. Risk Management is a division of the City Attorney's Office and reports to the City Attorney. Because the City Attorney's Office is neither an operational or policy making Department, the Risk Manager has no operational or policy making authority. 2. Why is Risk Management included as a Division of the City Attorney's Office? Risk Management has been a division of the City Attorney's Office since 1990 when the City began self- administration of its liability claims program under the City Attorney,1 in accordance with audit recommendations from the California ' Prior to 1990, the Risk Manager was part of the Finance Department. 7 -18 -06 Report 5 -A Honorable Mayor and Councilmembers July 18, 2006 Page 2 Joint Powers Risk Management Association ( "CJPRMA "), the City's excess liability risk pool. In 1989/1990, the City was in danger of being ejected from the excess liability risk pool, CJPRMA, due to audited findings two years in a row for failure to properly monitor and report claims to the risk pool. At that time, the City had 82 active lawsuits to defend. In response to this threat, newly hired City Attorney, Carol Korade, moved the liability claim program (including Risk Management) to the City Attorney's Office and took an aggressive stance on all open lawsuits, as well as existing claims which had not yet gone to litigation. As a result of this restructuring of the liability claims management, the City's membership in the pool was maintained, and the audit found that "there has been a dramatic reversal in litigation management by the City Attorney's Office." As part of the City Attorney's Office, Risk Management is supervised by and coordinates directly with the City Attorney regarding the handling of claims, with the dual goal of both keeping claims payments low and minimizing the number of claims that become litigated. As a result, since this change was made in 1990, claims payments have been consistently low and the average number of litigated defense cases is 20 or less per year. 3. What are the functions of Risk Management? The Risk Manager administers all liability claims against the City. This includes claims investigation, claims adjustment, management of litigation of claims, and coordination and reporting to CJPRMA. The Risk Manager acts as a Director representing the City on the Board of the California Joint Powers Risk Management Authority (CJPRMA). The Risk Manager necessarily works closely with the City Attorney in the management of litigation. Because the City Attorney is, by Charter, responsible for all legal services to the City (and reporting directly to the City Council), only the City Attorney can engage outside co- counsel for the defense of the City. The engagement of counsel for litigation defense is an important component of any Risk Management program, and includes reporting requirements to the excess liability risk pool. In addition to claims management, the Risk Manager oversees the procurement of insurance for the City, Community Improvement Commission and the Alameda Reuse and Redevelopment Authority, including environmental insurance. The Risk Manager provides risk analysis and advice to all City Departments, through the City Attorney's Office. Because the Risk Manager is not part of an operational department, the Risk Manager has no inherent decision - making authority regarding how risks should or must be handled, but can only advise the operational department. Honorable Mayor and Councilmembers July 18, 2006 Page 3 Finally, the Risk Manager also oversees the City's workers" compensation program. The City is "self insured" for workers" compensation and belongs to an excess liability risk pool for workers' compensation, known as the Local Agency Workers" Compensation Excess Claims Authority ( "LAWCX "). The Risk Manager acts as a Director, representing the City, for the Board of LAWCX. The Risk Manager administers workers' compensation claims and manages litigation resulting from such claims. As part of this program, the Risk Manager is responsible for industrial injury reporting to the State and Federal OSHA, and for keeping current with CaIOSHA and FedOSHA regulations and requirements. 4. Why is Workers' Compensation Included in the Risk Management Division? Prior to fiscal year 1992/93, workers' compensation was administered by the Human Resources Department. In fiscal year 1992/93, responsibilities for administering workers' compensation were moved to the Risk Manager by City Manager Bill Norton. Because then Risk Manager, Patricia Born, came to the City with specific workers' compensation experience, the City Manager intended to realize some cost savings by combining the workers' compensation duties in an existing position. Since workers' compensation was moved to Risk Management in fiscal year 1992/93, the City Attorney has always required that the Risk Manager maintain workers' compensation administration skills. Current Risk Manager, Darrell Handy, has many years of experience administering workers' compensation programs, in addition to general risk management skills and experience. 5. Is there any cost savings in consolidating the duties of Risk Management and Workers' Compensation? There are cost savings in personnel costs by consolidating the duties of risk management and workers' compensation in one position, personnel costs savings in support staff, as well as efficiencies by consolidation of space for filing of documents and records in one office area. The bulk of the budget for the administration of workers' compensation is the cost of the LAWCX insurance pool premium, third -party administrator contract, and statutorily mandated loss reserve fund. (See illustrative chart on Exhibit B). These are set costs, regardless of what City department oversees the workers' compensation program. Honorable Mayor and Councilmembers July 18, 2006 Page 4 6. Why include the functions of the ADA Coordinator in the Risk Management Division of the City Attorney's Office? While the ADA Coordinator could be placed in an operational department, such as Public Works, ADA issues are legal in nature and coordination with the City Attorney's Office regarding access issues and ADA requirements is frequent. Additionally, current Risk Manager Darrell Handy is experienced in analyzing and advising on ADA access requirements, and the City Attorney's Office has in- house staff attorney expertise on disability regulations, requirements and issues. The ADA Coordinator will require data input from various departments, (including Public Works, Park & Recreation, Housing Authority, AP &T, and others), which provide facilities and programs to the public. This position will be responsible to manage the collection of the data and monitor the work of the professional consultant who will update the ADA Transition Plan. The knowledge of the Risk Manager and staff attorneys will be benefit the ADA Coordinator in this task. 7. Is there any cost savings in consolidating the duties of the ADA Coordinator in the Risk Management Division of the City Attorney's Office? A savings in personnel costs can be realized by combining the duties of ADA Coordinator with risk management assistance in the position of Administrative Management Analyst. The Administrative Management Analyst, in the function of the ADA Coordinator, will not require an additional budget to bill staff time for the "project" of updating the ADA Transition plan. The existing budget for the ADA Transition Plan consultant, which is currently part of the Public Works Department budget, will be used to pay for the services of the consultant; the consultant will be supervised by the ADA Coordinator (Administrative Management Analyst). In addition to the ADA Coordinator duties, the Administrative Management Analyst will be available to provide the Risk Manager with technical assistance, focusing primarily on safety and Toss control. (See previous memo dated July 5, 2006, attached as Exhibit "C "). Attachments cc: City Manager Assist. City Manager Finance Director Human Resources Director CITY OF ALAMEDA Organizational Chart City Attorney VACANT Asst. City Atty x3 City Council City Attorney Risk Manager Paralegal Admin Mgmt Analyst/ADA Coordinator Admin Tech III Admin Tech II I Admin Tech I EXHIBIT A Law Clerk(s) (part-time) = ▪ ▪ O na c fCQ4 tj En 0 2 m D O L O 53 Q N 0 0 cu L E V c fp Q O N: • C O C ▪ N N a) E0 o• Ecc C L) - O z o c rn C E J 2 coo N C City Attorney's Office Only ce czf E U O Total combined budget decreases from $6.7 million for FY 05 -06 to $6.6 million for FY 06 -07. * EXHIBIT B CITY OF ALAMEDA MEMORANDUM Date: July 5, 2006 To: Honorable Mayor and Councilmembers; Members of Alameda Reuse and Redevelopment Authority; Members of Community Improvement Commission From: Teresa L. Highsmith City Attorney /General Counsel Re: City Attorney /General Counsel Staffing Options: Request to Hire an Administrative Management Analyst The need to update the City's ADA (Americans with Disabilities Act) Transition Plan and the Risk Manager's need for assistance in providing professional risk management services for the City and ARRA necessitate the City Attorney's request to fill the position of Administrative Management Analyst for the Risk Management Division. BACKGROUND In 1992, the City retained a consultant to prepare a Transition Plan, as required by Title II of the Americans with Disabilities Act of 1990 ( "ADA "), 42 U.S.C. §§ 12131 - 12134, and the Department's implementing regulation, 28 C.F.R. Part 35. The Transition Plan was designed in part to self - evaluate the City's need for modifications that would make the City's buildings, parks, and facilities accessible to persons with disabilities, as well as designed to implement the modifications needed. In 2001, the California Joint Powers Risk Management Authority (CJPRMA, our excess liability pool) conducted a loss prevention audit of all its member cities. At the conclusion of our City's audit, the auditors recommended that the City hire one or two additional technical staff that could assist the Risk Manager in his routine duties as well as to focus on the safety needs of the City. Following the Authority's recommendations, the City hired an Administrative Management Analyst whose effective title was Assistant Risk Manager. In 2005, this position was not funded due to budget constraints. EXHIBIT C Honorable Mayor and Councilmembers Alameda Reuse and Redevelopment Authority Community Improvement Commission July 5, 2006 Page 2 DISCUSSION /ANALYSIS The Administrative Management Analyst position if approved, will fulfill two primary functions within the Risk Management Division of the City Attorney's Office. Those functions are 1) to serve as the City's ADA Coordinator as required in Title II of the ADA Act, and 2) to provide the Risk Manager with technical assistance, focusing primarily on safety and loss control. I. ADA Coordination Function Initially, the person filling the Administrative Management Analyst position would primarily work with and oversee a consultant charged with updating the ADA Transition Plan, which is required by federal law. This involves inspections of all City facilities (including buildings, parks, sidewalks, traffic signals and signs, crosswalks, etc.), communicating and acting as a liaison between the consultant and Public Works, Development Services, Planning and Building, AP &T, Park & Recreation and Finance Departments, as well . as the City Attorney's and City Manager's Office. Following the completion of the updated Transition Plan, the Administrative Management Analyst will function in the role of the ADA Coordinator, including working with the Mayor's Committee on Disability to assure that Alameda's disabled community has equal access to all public areas, work with staff on issues of reasonable accommodation, etc., and act as the liaison between the disabled community and staff. II. Risk Management Function (Safety and Loss Control) The second function of the Administrative Management Analyst would be to assist the Risk Manager in varied functions of Risk Management. Those duties include, but are not limited to the following: • Assisting the Risk Manager in Updating and revising CaIOSHA's mandated Injury, Illness and Prevention Program. • Assisting in the designing and implementation of employee health and safety programs. • Conducting ergonomic evaluations. Honorable Mayor and Councilmembers Alameda Reuse and Redevelopment Authority Community Improvement Commission July 5, 2006 Page 3 • Presiding over City -wide Safety Committee as required by ACEA's MOU. • Assisting with safety training. • Reviewing insurance requirements, certificates of insurance and endorsements for all City contracts and most City permits. • Reviewing insurance requirements, certificates of insurance and endorsements for all ARRA- issued Agreements and Licenses. • Assisting with questions from staff and contractors on meeting contractual insurance requirements. • Assisting the Risk Manager with updating and maintaining the City's Property ($188 million in real and personal property), Auto Physical Damage (all City rolling stock), and Certificate of Coverage Programs. • Preparing applications and securing documentation for insurance policy procurement. • Assisting with scene investigations. Under the direction of the Risk Manager, investigating and adjusting low exposure tort claims. • Preparing and presenting cases for the Claims Board. • Preparing computer - generated reports for Risk Manager as required for analysis and trends. • Responding and advising staff in all risk management matters. In the absence of a Risk Management Analyst and in addition to the duties listed above, the Risk Manager handles other Toss control matters such as: • The self - administration of all liability claims against the City. • Litigation management under the direction of the City Attorney. • Workers' Compensation claims and litigation. • Industrial injury reporting to the State and Federal OSHA. Honorable Mayor and Councilmembers Alameda Reuse and Redevelopment Authority Community Improvement Commission July 5, 2006 Page 4 • Annual Self- Insured Report to the State. • Environmental issues at Alameda Point for insurance evaluation and reporting. • Base transfer insurance and risk transfer issues. • Small Claims Court Hearings. • Director duties on the Boards of the Local Agency Workers' Compensation Excess Claims Authority (LAWCX) and the California Joint Powers Risk Management Authority (CJPRMA), our excess workers' compensation and excess liability pools. • Disaster Preparedness with Police and Fire. • Financial projections and actuarial analysis for self - insured programs and reserves. • Keeps up to date on CaIOSHA and FedOSHA Regulations, and design and implement training to meet the mandates. • Risk analysis in all areas of City government. The ability of Risk Management to meet legal deadlines regarding claims and litigation is essential. The addition of an Administrative Management Analyst in the Risk Management division of the City Attorney's Office will increase the response time for staff requested projects, correspondence, and contract insurance reviews, as well as availability for meetings; additionally, the safety program and related duties can be resumed. BUDGET CONSIDERATION /FINANCIAL IMPACT The Administrative Management Analyst is not a General Fund position. Because the City Attorney's Office has reduced its attorney staffing by one Deputy City Attorney II position, refunding the Administrative Management Analyst position will represent a salary and benefit savings of approximately $38,000 annually over the cost of a Deputy City Attorney II from the previous budget cycle. Honorable Mayor and Councilmembers Alameda Reuse and Redevelopment Authority Community Improvement Commission July 5, 2006 Page 5 MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Not Applicable. RECOMMENDATION Authorize funding the Administrative Management Analyst for the Risk Management Division of the City Attorney's Office, as a part of the FY 2006/2007 Budget recommended by the City Manager. Respectfully Submitted, Teresa L. Highsmith City Attorney /General Counsel cc: City Manager Assist. City Manager Finance Director Human Resources Director CITY OF ALAMEDA Memorandum To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Date: July 18, 2006 Re: Adoption of Two Resolutions: 1) Adoption of a Resolution Participating in the International Council for Local Environmental Initiatives (ICLEI) Cities for Climate Protection Campaign and Creation of a City Task Force, and 2) Adoption of a Resolution Providing Support for Policies that Promote the Development and Commercialization of Plug -In Hybrid Electric Vehicles as a Participant in the Plug -In Partners National Campaign BACKGROUND The International Council for Local Environmental Initiatives (ICLEI), in participation with Stopwaste.org and the Alameda County Conference of Mayors, is launching the Alameda County Climate Protection Project this summer. Participating jurisdictions are embarking on a coordinated, countywide effort. The Cities for Climate Protection (CCP) Campaign enlists cities to adopt policies and implement measures to achieve quantifiable reductions in local greenhouse gas emissions, improve air quality, and enhance urban livability and sustainability. More than 650 local governments participate in the CCP, integrating climate change mitigation into their decision - making processes. In addition to the CCP campaign, another campaign, known as "The Plug -in Partners National Campaign" is being launched across the nation. The Plug -In Partners enlists the support of utilities, cities, states, businesses, and environmental groups in demonstrating a market for plug -in hybrid electric vehicles (PHEVs) as a way to reduce greenhouse gas emissions, reduce our oil consumption, and improve air quality. DISCUSSION The CCP campaign is based on a performance framework structured around five milestones that local governments commit to undertake. The milestones, as described on the following page, allow local governments to understand how municipal decisions affect energy use and how these decisions can be used to mitigate global climate change while improving community quality of life. The CCP methodology provides a simple, standardized way of acting to reduce greenhouse gas emissions and of monitoring, measuring, and reporting performance. ICLEI will bear the cost of doing the analysis and their meetings Re: Resos 5 -B Honorable Mayor and Councilmembers July 18, 2006 Page 2 of 4 with City of Alameda staff for data collection and goal setting. ICLEI has developed their own software for doing the analysis. Alameda will be working closely with ICLEI staff to ensure their model accounts for the City's existing commitments to renewable energy through Alameda Power & Telecom. All other Cities will be using standardized data from Pacific Gas & Electric. The five milestones are: Milestone 1. Conduct a baseline emissions inventory and forecast. Based on energy consumption and waste generation, the city calculates greenhouse gas emissions for a base year (e.g., 2000) and for a forecast year (e.g., 201.5). The inventory and forecast provide a benchmark against which the city can measure progress. Milestone 2. Adopt an emissions reduction target for the forecast year. The city establishes an emission reduction target for the city. The target both fosters political will and creates a framework to guide the planning and implementation of measures. Milestone 3. Develop a Local Action. Plan. Through a multi- stakeholder process, the city develops a Local Action Plan that describes the policies and measures that the local government will take to reduce greenhouse gas emissions and achieve its emissions reduction target. Most plans include a timeline, a description of financing mechanisms, and an assignment of responsibility to departments and staff. In addition to direct greenhouse gas reduction measures, most plans also incorporate public aware -ness and education efforts. Milestone 4. Implement policies and measures. The city implements the policies and measures contained in their Local Action Plan. Typical policies and measures implemented by CCP participants include energy efficiency improvements to municipal buildings and water treatment facilities, streetlight retrofits, public transit improvements, installation of renewable power applications, and methane recovery from waste management. Milestone 5. Monitor and verify results. Monitoring and verifying progress on the implementation of measures to reduce or avoid greenhouse gas emissions is an ongoing process. Monitoring begins once measures are implemented and continues for the life of the measures, providing important feedback that can be use to improve the measures over time. The five milestones provide a flexible framework that can accommodate varying levels of analysis, effort; and availability of data. This element makes the CCP both unique and innovative, by increasing its transferability amongst local governments. It is the breadth of this program. that enables it to cross north/south, developed/developing, metropolis/town boundaries and that has made it successful worldwide. Occurring in parallel with the CCP campaign, the Plug -In Partners Campaign, was created by publicly -owned utilities to convince automakers that there is a strong market for PHEVs through "soft" fleet orders, petitions of support signed by individuals, businesses, and government agencies; and endorsements by utilities, local governments, and nonprofit organizations across the country. PHEVs are hybrids of an electric motor and a gasoline - fired combustion engine with lithium -ion batteries. A PHEV can plug into an ordinary 120 - volt outlet and has an electric -only range of 30 to 50 miles, and subsequent dependence on the gasoline- driven engine for longer trips. Honorable Mayor and Councilmembers Process CCP Campaign: July 18, 2006 Page 3 of 4 1. July 2006 - Establish baseline year and inventory emissions (for both City of Alameda operations and the community as a whole). 2. August 2006 - Set Targets /Goals based upon the analysis from ICLEI software. 3. September - Establish Local Action Plan 4. Sept 2006 to March 2007 - Implement Local Action Plan 5. March 2007and beyond - Monitor and evaluate results Plug -In Partners Campaign: 1. June 2006 — Submit support from Alameda's electric department - Alameda Power & Telecom 2. July 2007 — Submit endorsement from the City of Alameda to the National Plug -In Partners 3. July 2006 and beyond — make available to all residents and businesses in Alameda the PHEV Community Petition and the PHEV "soft" fleet order form which will go to automakers via the National Plug -In Campaign. The petition and "soft" fleet order form will be on Alameda Power & Telecom's website. Public Participation The ICLEI project does not provide a public process. However, City staff will create and incorporate a community meeting process into the goal setting and establishment of the Local Action Plan. Various City Boards and Commissions will review the Local Action Plan prior to consideration by the City Council. In order to assist in the creation of the Local Action Plan, the City Manager suggests the creation of a Task Force consisting of one member each of the Planning Board, Economic Development Commission, Transportation Commission, Public Utilities Board and Alameda County Industries and two public members at large. Honorable Mayor and Councilmembers BUDGET CONSIDERATION /FINANCIAL IMPACT July 18, 2006 Page 4 of 4 The City has allocated $10,000.00 from the Waste Mitigation Fund to receive ICLEI assistance and $1,200.00 for ICLEI membership from the City Manager's Office. There is no financial impact associated with the commercialization of PHEV. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The Resolutions do not affect the Alameda Municipal Code; however, implementation of the Local Climate Action Plan may necessitate code amendments in the future. ENVIRONMENTAL REVIEW Pursuant to CEQA Guidelines Section 15262, participation in the ICLEI program is considered a Feasibility and Planning Study and is exempt from CEQA. Support of the Plug - In Partners National Campaign is not considered a project under CEQA. RECOMMENDATION Adopt the attached Resolutions. By: Respectfully submitted, Cathy ►'ooa•ury Planning and Building Director b Cynthia Eliason Supervising Planner Attachments: 1. Alameda County Climate Protection Project Timeline 2. Public Utility Board Staff Report dated 5/15/06 G:\ PLANNING \CC \REPORTS\2006 \07 -18 -06 \ICLEI.doc Alameda County Climate Protection Project Timeline November 2005: The Alameda County Conference of Mayors endorses the U.S. Mayors Climate Protection Agreement and forms a Mayors Subcommittee on Climate to develop a.county -wide climate protection plan. January 2006: At the invitation of Mayor Bates and the Mayors Subcommittee on Climate, ICLEI and StopWaste.org give an overview of the Alameda Climate'Protection Project to the Conference of Mayors at their meeting in Berkeley. -I. CL -EI Local Governments for Sustainability April: May: May or June: June: ICLEI assists Alameda County jurisdictions to begin working with their city council/board of supervisors to join ICLETand commit to participation in the Alameda County Climate Protection Project. Alameda County Conference of Mayors endorses the Alameda County Climate Protection Project as the framework for a county -wide climate protection effort. Jurisdictions must express their intent to participate in the project in writing or via e,-mail from the City Manager to StopWaste.org by May 31. Jurisdictions allocate at least $10,000 of their Waste Mitigation funds to pay for their participation in the project. Participating jurisdictions pass a resolution committing to reduce greenhouse gas emissions from local government operations and throughout the community through membership in ICLEI and participation in the Cities for Climate Protection campaign. Jurisdictions establish an elected and staff liaison who will serve as a liaison with ICLEI. ICLEI begins the process of collecting the necessary energy and waste data for conducting each jurisdiction's baseline emissions inventory. County-wide Kick -off Workshop (June 15): The workshop will include an orientation to ICLEI and the Cities for Climate Protection Campaign, an overview of the greenhouse gas inventory and local action planning process, and an introduction to ICLEI's Clean Air & Climate Protection software. The workshop will include participation from both staff and elected officials. ICLEI conducts a survey of policies that Alameda County jurisdictions are already implementing and that serve to reduce greenhouse gas emissions. Attachment #1 Page 2 June — August: July: September: September 2006.. March 2007: March: Baseline Greenhouse Gas Emissions Inventory: ICLEI conducts a baseline emissions inventory and forecast for each participating community, including a detailed analysis of the emissions that result from government operations. ICLEI creates a Local Climate Action Plan Template for use as a starting point by participating jurisdictions. ICLEI analyzes the emissions impacts of StopWaste.org programs that are being implemented by Alameda County jurisdictions and produces a report that includes the results of the analysis. ICLEI holds its North American Regional Congress on July 11 -14 in Chicago, to which an elected official and staff liaison from each participating jurisdiction will be invited to attend. ICLEI subsidizes travel costs for member jurisdictions. Target - setting workshop: This workshop will include sharing information and findings from the inventory phase of the project and a roundtable discussion/training on how to set an emissions reduction target. This meeting will also launch the participants into the action planning stage of the project. Action Planning: ICLEI works with local governments to develop their individual Local Climate Action Plans. Final Workshop: This county-wide workshop will allow participants to present on the outcomes of their work to date and discuss opportunities for moving forward in a collaborative fashion in the pursuit of climate protection and overall sustainability. March and beyond: ICLEI continues to assist Alameda County jurisdictions in their effort to implement their action plans and evaluate their impact on climate. ALAMEDA POWER &TELECOM A Department of the City of Alameda AGENDA ITEM NO: 6.B.1 MEETING DATE: 05/15/06 ADMINISTRATIVE REPORT NO. 2006 -058 TO: Honorable Public Utilities Board Submitted by: William C'C arvine Marketing Manager FROM: Meredith Owens Energy Management Supervisor Approved by: '� Valerie Foiag' General anager SUBJECT: Approve Support for Policies that Promote the Development and Commercialization of Plug -in Hybrid Electric Vehicles as a Participant in the Plug -In Partners National Campaign Recommendation: Approve support for policies that promote the development and commercialization of plug -in hybrid electric vehicles as a participant in the Plug -In Partners National Campaign. Background: Plug -In Hybrid Electric Vehicle (PHEV) Technology A PHEV, which is a hybrid of an internal combustion engine and an electric vehicle, consists of an internal combustion motor, a synchronous electric motor, an inverter, and lithium -ion batteries. The PHEV, the "next generation" of hybrid cars, as we know then today, is one step before hydrogen - fueled cars. PHEVs can plug into an ordinary household 120 -volt outlet, The electric -only mileage range is 30 to 50 miles, which covers most commutes and around -town driving patterns. A standard gasoline - fueled vehicle is least efficient when stopped at lights, accelerating, and used for "stop- and -go" driving. This erratic driving pattern is when the electric motor works best. A standard hybrid vehicle, such as the Toyota Prius and the Honda Civic, is charged by a gasoline engine only, so it is equally inefficient during stop- and -go driving. The biggest hurdle in the development and commercialization of PHEV is the battery system. The lithium -ion battery is the best choice because it has the highest energy density rating and will last the lifetime of the car. However, the production costs need to be reduced. The solution to this is increase in market demand for lithium -ion batteries. Attachment #2 ITEM NO: 6.B.2 Subject: Approve Support for Policies that Promote the Development and Commercialization of Plug -in Hybrid Electric Vehicles as a Participant in the Plug -In Partners National Campaign Date: 05/15/06 Currently, there are two companies in Califomia that are retrofitting the Toyota Prius to be a PHEV and the hope is to be able to buy a production model by 2008. Recently, Daimler Chrylser, as part of their test fleet program, manufactured 40 Dodge Sprinters and put them in operation in various locations across the globe. Plug -In Partners National Campaign The Plug -In Partners National Carnpaign was started by the American Public Power Association (APPA) and the City of Austin, Texas, Electric Department to convince automakers there is a strong market for PHEVs. The goal of the Plug -In Partners National Campaign is to demonstrate to automakers that a market for plug -in hybrid electric vehicles exists today. The viability of this market will be demonstrated through development of rebates and incentives, "soft" fleet orders, petitions, and endorsements by cities across the country. The partners in this campaign are local and state governments, utilities (nearly 150), and environmental, consumer, and business organizations. The Sacramento Municipal Utility District recently received a grant from APPA for a project entitled, "Demonstration and Benefits Assessment of a Plug -In Hybrid in Municipal Fleets." As a member of APPA, Alameda Power & Telecom (Alameda P &T) will have access to the final report. The project will develop a tool to help cities evaluate the purchase of PHEVs as a city fleet vehicles. This report, that will include life cycle cost analysis and an emissions calculator, will be useful for Alameda P &T to determine the role of PHEV as a future city fleet vehicle. Discussion /An aiysis: Benefits PHEVs could provide many benefits to Alameda P &T such as: • Increasing off peak revenue and flattening of the electric use load profile. It is reasonable to assume most PHEV owners would charge their vehicles in the off -peak hours. This will provide utilities additional revenue during off -peak hours, thereby better balancing load and supplies, and make more efficient use of existing generation. In the future, if the infrastructure is in place, PHEVs could feed electricity back into the grid. Utilities could use the electricity stored in the PHEV batteries to help meet peak demand. ITEM NO: 6.B.3 Subject: Approve Support for Policies that Promote the Development and Commercialization of Plug -in Hybrid Electric Vehicles as a Participant in the Plug -In Partners National Campaign Date: 05/15/06 • Reduction in air pollution. Vehicle emissions are a major contributing factor to global warming and to smog in our cities, which threatens the health of our citizens and the sustainability of our planet. Vehicle congestion in urban areas concentrates pollution. PHEVs will dramatically reduce tailpipe emissions. There still is the pollution from PHEVs batteries charged by fossil fuel power plants, but the emissions are less and easier to address. And for PHEVs batteries charged by renewable power supplies, such as the case in Alameda, there is the added great benefit of reducing the emissions of carbon dioxide, one source of global warming. • Reduction of dependence on foreign oil. While not necessarily a problem exacerbated by Alameda, the national petroleum consumption is rising as we continue to import more and more petroleum. For example, in 2005, the United States imported 60% of the oil it consumed. The over reliance of the United States on foreign oil has become a growing and serious threat to the economic vitality and national security interests of our country. • Reduction of the operating costs of fleet vehicles. PHEVs will provide better control and lowering of operations costs for the City. The current cost of gasoline is volatile and predicted only to rise. The cost of an "electric" gallon of gasoline can be less than $1.00 per gallon. Future Considerations • Fleet Orders The City of Alameda fleet vehicles are an excellent application for PHEVs because most vehicles travel under 50 miles a day and are located in an urban, congested area. The current City of Alameda vehicle replacement policy reflects vehicles that are not to be replaced until they are 10 years old and have more than 100,000 miles. The Alameda P &T pool vehicle sedans are fairly new; the oldest are not due to be replaced until 2011. However, other City department vehicles may be due for replacement in the next few years. The incremental cost of a PHEV above a standard hybrid is expected to be about $2,000, and there may be grants available to cover these costs. When the PHEVs are available, staff may ITEM NO: 6.B.4 Subject: Approve Support for Policies that Promote the Development and Commercialization of Plug -in Hybrid Electric Vehicles as a Participant in the Plug -In Partners National Campaign Date: 05/15/06 develop a special electric use rate for the Public Utilities Board's consideration to encourage customers to purchase PHEVs and to charge them overnight. With our high level of renewable power supplies, Alameda may be the ideal candidate for grant monies to fund PHEV acquisition. The Plug -In Partners National Campaign is encouraging campaign participants and other businesses to submit soft or advance fleet orders for PHEV. The Fleet Order form, attached as Exhibit A, states that an organization would "seriously consider" such vehicles if the automakers were to mass - produce them. The Plug -In Partners National Campaign believes this to be one of the most effective ways to demonstrate to automakers that a market exists for plug -in hybrids. The City of Alameda or a commercial customer may be interested in making a soft fleet order. • Petitions An important component of the Plug -In Partners National Campaign is a petition drive through which consumers tell automakers they are interested in purchasing vehicles that can be fueled from the electric grid. The Petition, attached as Exhibit B, is a simple statement that the signatory understands what PHEVs are and that they will seriously consider buying such a vehicle if manufactured. The national campaign will track signatures accumulated from programs across the country through reporting to the Plug -In National website. The petitions will be maintained at the local level, for example, on our website or as part of one of Alameda P &T's public events, such as the Park Street Art & Wine Fair. • Endorsement An endorsement, such as the resolution in Exhibit C, demonstrates organizational support for PHEV. Al] endorsements such as a resolution will be reported to the national campaign website, at http: / /www.pluginpartners.org. Alameda P &T will encourage other city departments and commercial customers to submit soft fleet orders for PHEVs and encourage all customers to sign the attached petition. The soft fleet orders and petitions will be on the Alameda P &T website and promoted at community events such as the Park Street Art and Wine Fair. ITEM NO: 6.B.5 Subject: Approve Support for Policies that Promote the Development and Commercialization of Plug -in Hybrid Electric Vehicles as a Participant in the Plug -In Partners National Campaign Date: 05/15/06 Budget /Financial Considerations: None. Exhibits: A. Fleet Order B. Petition C. Resolution ITEM NO: 6.B.6 Tug -In Hybrid Electric Vehicles - Fleet Order Form Clean, Affordable Transportation from Clean, Renewable Energy Alameda Power & Telecom, our city's community -owned electric utility, is collecting commitments to consider fleet purchases for plug -in hybrid electric vehicles (PHEV). The benefits of PHEV for Alameda are: • Save money by increasing fuel efficiency to more than 100 miles per gallon. Plug -ins will have a rechargeable battery that will power the vehicle for up to 35 miles on the battery alone. • Powered by Renewable Energy — Geothermal, Landfill Gas, Wind, Hydro — when you plug into Alameda Power & Telecom. • Reduce automobile pollution by burning less gasoline. Reduce dependency on foreign oil by substituting clean, cheaper domestic electricity. PLEASE COMPLETE THE FLEET COMMITMENT FORM BELOW TELLING AUTO MAKERS TO PRODUCE PLUG -IN ELECTRIC HYBRID VEHICLES! We urge automakers to go beyond popular hybrid vehicles and manufacture 'plug -in' electric hybrids that run on electric fuel as well as gasoline or other fuels. Plug -in hybrids will provide us with the option of plugging our vehicles into an ordinary electric outlet in order to recharge the battery, allowing our staff to drive on "electric fuel" for a much longer period, reducing our need for ever more expensive gasoline and increasing our fuel efficiency to over 100 mpg! Because of these many benefits, we pledge to strongly consider purchasing the following plug -in electric hybrid vehicles once auto manufacturers make them available, even if it costs a little more than other vehicles: Name: Title: Company: Address: Phone: Number of Vehicles Vehicle Type (Sedan, Light Truck, SUV, Van, School Bus, Heavy Truck) Please mail the completed form to: Plug -In Hybrid Electric Vehicles, Alameda Power & Telecom, P.O. Box H, Alameda, CA 94501 or fax to: 510- 814 -5699. EXHIBIT A ITEM NO: 6.B.7 Plug -In Hybrid Electric Vehicle — _Community Petition Clean, Affordable Transportation From Clean, Renewable Energy Alameda Power & Telecom, our city's community -owned electric utility, is a participant in the Plug -In Partners National Campaign to promote the commercialization of plug -in hybrid electric automobiles. Plug -in electric hybrids: • Save money by increasing fuel efficiency to more than 100 miles per gallon. Plug -ins will have a rechargeable battery that will power the vehicle for up to 35 miles on the battery alone. • Powered by Renewable Energy — Geothermal, Landfill Gas, Wind, Hydro — when you plug into Alameda Power & Telecom. • Reduce automobile pollution by burning less gasoline. • Reduce dependency on foreign oil by substituting clean, cheaper domestic electricity. PLEASE SIGN THE PETITION BELOW TO TELL U.S. AUTO MAKERS TO PRODUCE PLUG -IN HYBRID VEHICLES! I urge automakers to go beyond popular hybrid vehicles and manufacture 'plug -in' electric hybrids that run on electric fuel as well as gasoline or other fuels. A plug -in hybrid will provide me with the option of plugging my vehicle into an ordinary electric outlet in order to recharge the battery, allowing me to drive on "electric fuel" for a much longer period, reducing my need for ever more expensive gasoline and increasing my fuel efficiency to over 100 mpg! Because of these many benefits, I pledge to strongly consider purchasing a plug -in electric hybrid vehicle once car manufacturers make them available, even if it costs more than other vehicles. Print Name Print Street City Zip Mail completed form to: Alameda Power & Telecom, P. O. Box H, Alameda, CA 94501 or fax to: 510 - 814 -5699. EXHIBIT R CITY OF ALAMEDA ALAMEDA POWER & TELECOM RESOLUTION NO. ITEM NO: 6.}18 APPROVING SUPPORT FOR POLICIES THAT PROMOTE THE DEVELOPMENT AND COMMERCIALIZATION OF PLUG -IN HYBRID ELECTRIC VEHICLES AS A PARTICIPANT IN THE PLUG-IN PARTNERS NATIONAL CAMPAIGN WHEREAS, the over - reliance ofAmerica on foreign oil has become a growing and serious threat to the economic vitality and national security interest of the United States; and WHEREAS, automobile emissions are a major contributing factor to global warming and to smog in our cities, which threaten the health of our citizens and the sustainability of our planet; and WHEREAS, the imbalance between gasoline resources and worldwide demand is escalating gasoline prices at an alarming rate and to levels that overburden commerce, hurt economic growth and cause serious hardship on our citizens; and WHEREAS, the technology exists today to build a plug -in hybrid electric vehicle that could reduce oil imports, fuel costs to our citizens and our economy and air emissions by dramatic margins; and WHEREAS, Alameda Power & Telecom as part of the Plug -In Partners National Campaign, to urge automakers to mass produce plug -in hybrid electric vehicles for the substantial economical, environmental and strategic reasons outlined; and NOW, THEREFORE, BE IT RESOLVED that the Public Utilities Board hereby directs staff to develop a program to encourage the future purchase of plug -in hybrid electric vehicles, including fleet orders; and BE IT FURTHER RESOLVED: That Alameda Power & Telecom makes a commitment to support local, state, and federal policies that will promote plug -in hybrid electric vehicles; and BE IT FURTHER RESOLVED: That Alameda Power & Telecom will work with the local government, education, business and environmental community to advocate for the purchase of plug -in hybrid electric vehicles. Approved as to Form CITY ATTORNEY By: Assistant City Attorney Approved as to Form CITY OF ALAMEDA RESOLUTION NO. PARTICIPATING IN THE INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) CITIES FOR CLIMATE PROTECTION CAMPAIGN AND CREATION OF A CITY TASK FORCE WHEREAS, scientific consensus has developed that Carbon Dioxide (CO2) and other greenhouse gases released into the atmosphere have a w profound effect on the Earth's climate; and z °C WHEREAS, in 2003 the American Geophysical Union adopted a statement noting that human activities are increasingly altering the Earth's climate and that natural influences cannot explain the rapid increase in near - surface temperatures observed during the second half of the 20th century; and WHEREAS, in 2001, at the request of the Administration, the National Academy of Sciences reviewed and declared global warming a real problem caused in part by the actions of humankind; and WHEREAS, the 2001 Third Assessment Report from the Intergovernmental Panel on Climate Change and the 2000 U.S. Global Change Research Program's First National Assessment indicate that global warming has begun; and WHEREAS, 162 countries including the U.S. pledged under the United Nations Framework Convention on Climate Change to reduce its greenhouse gas emissions; and WHEREAS, energy consumption, specifically the burning of fossil fuels, accounts for more than 80% of U.S. greenhouse gas emissions; and WHEREAS, local governments influence communities' emissions by exercising key powers over land use, transportation, construction, waste management, and energy management; and WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, its businesses and its residents; and WHEREAS, StopWaste.org is allowing Alameda County jurisdictions to use $10,000.000 of funding from their Waste Mitigation Fund to pay for the development of greenhouse gas emissions inventories and Local Climate Action plans as part of the Alameda County Climate Protection Project; and Resolution #5 -B (1) 7 -18 -06 WHEREAS, the Cities for Climate Protection Campaign sponsored by ICLEI -Local Governments for Sustainability, has invited the City of Alameda to become a member of ICLEI and a partner in the Campaign; and WHEREAS, the City commits to creating a City task force to assist in the creation of Alameda's Local Climate Action plan. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda commits to ICLEI membership and participation in the Cities for Climate Protection Campaign and, as a participant, pledges to take a leadership role in promoting public awareness about the causes and impacts of climate change; and BE IT FURTHER RESOLVED that the City Council of the City of Alameda creates a City Task Force consisting of one member each of the Planning Board, Economic Development Commission, Transportation Commission, Public Utilities Board and Alameda County Industries and two public members at large; and BE IT FURTHER RESOLVED that the City Council of the City of Alameda will undertake the Cities for Climate Protection Campaign's 5- Milestones to reduce both greenhouse gas and air pollution emissions throughout the community; and BE IT FINALLY RESOLVED that the City Council of the City of Alameda requests assistance from ICLEI's Cities for Climate Protection Campaign as it progresses through the 5- Milestone methodology. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2006, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of , 2006. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. PROVIDING SUPPORT FOR POLICIES THAT PROMOTE THE DEVELOPMENT AND COMMERCIALIZATION OF PLUG -IN- HYBRID ELECTRIC VEHICLES AS A PARTICIPANT IN THE PLUG -IN- PARTNERS NATIONAL CAMPAIGN WHEREAS, the over - reliance of America on foreign oil has become a growing and serious threat to the economic vitality and national security interest of the United States; and WHEREAS, automobile emissions are a major contributing factor to global warming and to smog in our cities, which threaten the health of our citizens and the sustainability of our planet; and WHEREAS, the imbalance between gasoline resources and worldwide demand is escalating gasoline prices at an alarming rate and to levels that overburden commerce, hurt economic growth and cause serious hardship on our citizens; and WHEREAS, the technology exists today to build a plug -in hybrid electric vehicle that could reduce oil imports, fuel costs to our citizens and our economy and air emissions by dramatic margins; and WHEREAS, the City of Alameda as part of the Plug -In Partners National Campaign, will urge automakers to mass produce plug -in hybrid electric vehicles for the substantial economical, environmental and strategic reasons outlined; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby directs staff to consider future purchases of plug -in hybrid electric vehicles, including "soft" fleet orders; and BE IT FURTHER RESOLVED that the City Council of the City of Alameda makes a commitment to support local, state, and federal policies that will promote plug -in hybrid electric vehicles; and BE IT FURTHER RESOLVED that the City Council of the City of Alameda will work with businesses, and the environmental community to advocate for the purchase of plug -in hybrid electric vehicles. Resolution #5 -B (2) 7 -18 -06 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2006, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of , 2006. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA MEMORANDUM Date: July 18, 2006 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Negotiations with the Bay Area Water Transit Authority Related to Transfer of City Ferry Services BACKGROUND On June 6, 2006, the City Council conditionally authorized the City Manager to begin formal negotiations with the Water Transit Authority (WTA) on the possible transfer of both City ferry services to the WTA. Council stipulated that discussions could not begin until: a) the WTA made a presentation to Council detailing their capabilities and plans for the City's ferry services; and b) City staff provided Council with negotiation points and milestones. DISCUSSION Prior to the June 6, 2006 City Council meeting, two public meetings were held to elicit public comment on the potential WTA transfer. Staff informed riders of these meetings through our ferry rider contact lists and also indicated that if riders were unable to attend either of the meetings that they could submit e -mail comments. Approximately 19 riders attended the public meetings and another four submitted comments via e -mail. Comments generally reflected questions on the benefits associated with the transfer; potential rider impacts related to increased fares, reduced service, changed schedules, assignment of different boats to the service; and the potential elimination of the Harbor Bay Ferry Service. Some riders asked that the City explore other options such as City /WTA joint powers administration of the services or continuation of City administration of existing service combined with WTA administration of expanded service. I. Negotiation Points Based on comments from the public and Council discussion, staff has developed the following negotiation points for Council consideration. Ferry Administration and Operation: The City will transfer and assign to the WTA the administration and operation of both ferry services as well as the Blue & Gold Fleet and Harbor Bay Maritime operating contracts. The tentative transfer target date is January 1, 2007. Funding of Existing Ferry Services: The City will assign or pass through to the WTA all Measure B revenues specifically earmarked for the Alameda Ferries and all current Regional Measure 1 grants and fees paid by the Port of Oakland to the City for FY 2006/2007 ferry Report 5 -C 7 -18 -06 Honorable Mayor and Councilmembers Page 2 July 18, 2006 service. In addition, the City will provide the WTA with Transportation Improvement Fund (TIF) revenues for the support of the Harbor Bay Ferry Service, at the current funding level. TIF funding would be phased out over a three to five year period, based on final negotiations. The City will not be required, nor will the WTA request the City to contribute General Fund revenues to the support of the ferry services. Ferry Service To /From Alameda: The WTA will be required to continue to maintain, as a minimum, the current service levels for the Alameda/Oakland and Alameda Harbor Bay Ferry Service for a specified period of time ( "guarantee period "). Staff recommends that this guarantee be for a period of five to seven years, based on final negotiations. If, after that period, the WTA proposes to reduce service levels to less than what was in effect at the time of transfer for either service, the City Council, at its sole discretion, may elect to take back either or both services and manage the operations. The City's commitment to resume administrative of the ferries is subject to the City securing sufficient non - general fund revenues and staffing resources to resume ferry operations. Transfer of Property: Assignment of the ferries to the WTA will involve transfer of the following City -owned assets: City -Owned Vessels: The City will transfer title to and City equity interest in the four City -owned boats (the Encinal, Express 11, Bay Breeze, and the Peralta) to the WTA. If transfer of ownership cannot be completed by the service handover date, the boats will be leased to the WTA until transfer of ownership is accomplished. The City and WTA will mutually agree to the resale value of each boat ( "vessel equity") at time of transfer. The WTA must agree that the vessel equity will be credited by the WTA to Alameda ferry operations to offset operational costs during the guarantee period. In addition, in the event of a major seismic event, terrorist attack or other regional emergency wherein the regional transportation infrastructure is significantly impacted, the WTA will be required to ensure that the City ferry boats (Encinal, Express 11, Bay Breeze, Peralta) provide priority emergency service to Alameda residents on both the Main Island and at Harbor Bay. Ferry Terminal Facilities: The WTA will be required to maintain, operate and manage the Main Street and Harbor Bay ferry terminal facilities, including all security requirements, from the street to the water including terminal buildings, facilities, parking lots and amenities. The City will lease these facilities to the WTA for $1.00 per year for as long as the WTA operates the ferry services. Currently, landside facility maintenance for the Harbor Bay Terminal is funded through Lighting & Landscaping Management District 82 (LLMD 82) in the amount of approximately $62,000 per year. As part of the WTA agreement, the City will commit to providing this level of LLMD 82 support. The City will also agree to bring any future WTA request for increases in LLMD 82 funding for the Harbor Bay Terminal to a vote Honorable Mayor and Councilmembers Page 3 July 18, 2006 following LLMD 82 voting procedures. However, the City cannot guarantee approval of future LLMD 82 funding increases. Permanent Alameda WTA Board Seat: To ensure that the concerns of our residents continue to be represented, the WTA Board will be required to commit to actively pursuing, at the State level, a Government Code amendment establishing a permanent WTA board seat for the Mayor of the City of Alameda. Annual Report to the City: The WTA will be required to make an annual report to Council on the ferry services including ridership, funding and revenues, any proposed changes to services, schedules, or fares. Rider Advisory Committee and Service Quality Monitoring: The WTA will be required to establish a Ferry Rider Advisory Committee (FRAC) that will meet quarterly to review ridership, marketing, on -time performance, rider related service issues, and any proposed fare or schedule changes. In addition, the WTA will conduct quarterly rider satisfaction surveys and prepare an analysis of the on -time performance of the ferries during the quarter. Results of the quarterly surveys and on -time performance analysis will be reported to the FRAC and City Council. II. Negotiation Milestones Since the June 6 Council meeting, City and WTA staff have met to develop a tentative schedule for the transfer of ferry services. For planning purposes, staff and the WTA propose a tentative transfer target date of January 1, 2007. The schedule, which is on file in the City Clerks Office, is divided into four negotiation stages and are detailed below: Stage 1 - Council Authorizes Commencement of Talks - July 18 through August 1: • WTA publicly responds to Council concerns regarding WTA plans and capabilities for the operation of the Alameda Ferry Services (July 18). • Staff report outlines milestones, negotiation points and opportunities for public comment (July 18). • Council approves milestones and finalizes negotiation points. Council authorizes beginning of negotiations and requires staff to present negotiating points to public for comment (July 18). • Staff holds two public meetings and two ferry "ride - alongs" to explain the process, discuss negotiating points and elicit input. Stage 2 - Negotiations Commence - August 1 through October 25: • Negotiations begin. • Caltrans Assignments and Assumptions Agreement to City Attorney and WTA counsel for review. • Staff reports to Council (September 19). • WTA staff briefs Board on negotiations. Honorable Mayor and Councilmembers Page 4 July 18, 2006 • Staff holds two public meetings and two ferry "ride - alongs" to discuss pending Council approval of the transfer, explain transfer terms, and elicit input. Public is informed that Council will consider approving the transfer on December 5. • City notifies Port of Oakland, Harbor Bay Maritime, and Blue and Gold Fleet of intent to assign operating agreements to WTA. Stage 3 - Formal Approval of Ferry Transfer - December 5 through December 7: • Council approves WTA/City agreement for transfer of ferries and the Caltrans agreement (December 5). • WTA Board approves WTA/City agreement for transfer of ferries and the Caltrans agreement (December 7). Stage 4 - Transfer Preparations - December 8, 2006 through January 1, 2007: • WTA and City conduct joint surveys of all facilities and vessels. • Public is notified that January 1 is the ferry service transfer date. • Service transfer to WTA administration (January 1, 2007). BUDGET CONSIDERATION/FINANCIAL IMPACT The City ferry services are funded through farebox revenue, grants, Measure B and TIF. The recommended action would result in the continued dedication of these resources to this purpose by transferring these funds directly to the WTA which will not impact the general fund. The Transportation Improvement Funds would be phased out over a three to five year period. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The proposed negotiation does not affect the Alameda Municipal Code. RECOMMENDATION Authorize the City Manger to begin discussions with the WTA concerning the possible transfer of the City's ferry services to the WTA. Respectfully submitted, Prepared by, Matthew T. 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