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2005-10-18 Packet
AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber, Room 391 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL Tuesday, October 18, 2005 Meeting will begin at 6:00 p.m. 2. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER : 2 -A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Alameda Naval Air Station Negotiating parties: ARRA, U.S. Navy, and Alameda Point Community Partners Under negotiation: Price and Terms Announcement of Action Taken in Closed Session, if any. 3. ADJOURNMENT Notes: • Sign language interpreters will be available on request. Please contact the ARRA Secretary, Irma Glidden at 749 -5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. ■ Minutes of the meeting are available in enlarged print. • Audio tapes of the meeting are available for review at the ARRA offices upon request. CITY OF ALAMEDA • CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - OCTOBER 18, 2005 - - - 6:40 P.M. Time: Tuesday, October 18, 2005, 6:40 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 REAL PROPERTY NEGOTIATORS Property: 2900 Main Street. Negotiating Parties: City of Alameda and Alameda Gateway, Ltd. Under Negotiation: Price and terms. 4. Announcement of Action Taken in Closed Session, if any. Adjournment Beverly Johnson, Mayor CITY OF ALAMEDA • CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION TUESDAY - - - OCTOBER 18, 2005 - - - 6:55 P.M. Time: Tuesday, October 18, 2005, 6:55 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 /Commission 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 LEGAL COUNSEL - EXISTING LITIGATION Name of case: Citizens for a Megaplex -Free Alameda v. City of Alameda, et al. 4. Announcement of Action Taken in Closed Session, if any. Adjournment Beverly Johnson, ayor Chair, Community Improvement Commission CITY OF ALAMEDA • CALIFORNIA IF YOU WISH TO ADDRESS THE COMMISSION: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Chair, 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. SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION TUESDAY - - - OCTOBER 18, 2005 - - - 7:25 P.M. Location: City Council Chambers, City Hall, corner of Santa Clara Avenue and Oak Street. Public Participation Anyone wishing to address the Commission on agenda items or business introduced by the Commission may speak for a maximum of 3 minutes per agenda item when the subject is before the Commission. Please file a speaker's slip with the Deputy City Clerk if you wish to speak on an agenda item. PLEDGE OF ALLEGIANCE ROLL CALL CONSENT CALENDAR 1 -A. Minutes of the Special Community Improvement Commission Meeting of September 20, 2005. (City Clerk) 1 -B. Recommendation to approve a Predevelopment Agreement with the Alameda Unified School District for Affordable Housing at the Island High School site. (Development Services) AGENDA ITEMS None. ADJOURNMENT Beverly Jo l sc V C air Community Improvement Commission AGENDA TUESDAY 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. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2005 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 p.m., City Hall, Council Chambers, corner of Santa Clara Ave and Oak St.] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. 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 ALAMEDA REUSE AND 6:00 P.M. REDEVELOPMENT AUTHORITY, CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL MEETING OF THE CITY COUNCIL 6:40 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 6:55 P.M. COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 7:25 P.M. COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda SPECIAL MEETING OF THE CITY COUNCIL 7:31 P.M. CITY COUNCIL CHAMBERS Separate Agenda (Study Session) 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3 -A. Proclamation declaring the month of October as Disability Awareness Month. 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public. 4 -A. Minutes of the Special and Regular City Council Meetings held on October 4, 2005, and Special City Council Meeting held on October 5, 2005. (City Clerk) 4 -B. Bills for ratification. (Finance) 4 -C. Recommendation to authorize execution of a Contract with Southern California Risk Management Associates for Third Party Administrator Services for the City's Workers' Compensation Program. (City Attorney) 4 -D. Recommendation to award Abandoned Vehicle Towing Contract to A & B Towing. (Police Department) 4 -E. Adoption of Resolution Approving and Adopting the Disadvantaged Business Enterprise Program Overall Annual Goal of 11% for Federal Fiscal Year 2005 -2006. (Public Works) 5. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolution Appointing Avonnet M. Peeler as a Member of the Civil Service Board; • Adoption of Resolution Appointing Audrey M. Lord - Hausman as a Member of the Commission on Disability Issues; and • Adoption of Resolution Appointing Janet W. Iverson as a Member of the Historical Advisory Board. (Landscape Architect, Architect, Building Design Seat) 5 -B. Recommendation to approve the proposed change in roof color for the Alameda Free Library - New Main Library Project, No. P.W. 01- 03 -01. (Library Department) 5 -C. Recommendation to authorize payment for and ratification of an open market purchase from Leader Industries of an ambulance in the amount of $142,743.35. [Requires four (4) affirmative votes](Fire Department) 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) 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. CITY OF ALAMEDA • CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - OCTOBER 18, 2005 - - - 7:31 P.M. Time: Tuesday, October 18, 2005, 7:31 p.m. Place: Council Chambers, City Hall, corner of Santa Clara Avenue and Oak Street. Agenda: 1. Roll Call 2. Public Comment on Agenda Item Only Anyone wishing to address the Council on the agenda item only may speak for a maximum of 3 minutes per item. 3. Study Session on Disaster Preparedness /Emergency Operations Plan. (Fire) Adjournment UNAPPROVED MINUTES MINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY - - - SEPTEMBER 20, 2005 - - - 7:27 P.M. Chair Johnson convened the Special Meeting at 7:44 p.m. Roll Call - Present: Commissioners Daysog, deHaan, Gilmore, Matarrese, and Chair Johnson - 5. Absent: None. CONSENT CALENDAR Commissioner Matarrese moved approval of the Consent Calendar. Commissioner Gilmore seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *05- ) Minutes of the Special Community Improvement Commission meetings of August 16, 2005. Approved. ( *05- ) Recommendation to approve a Contract with LPA, Inc. in an amount not to exceed $148,500 to provide design development, construction documents, coordination with the Department of the State Architect, bid negotiations and construction administration services for development of the Alameda Recreation and Parks Department 4 -acre community park at Bayport. Accepted. AGENDA ITEMS None. ADJOURNMENT There being no further business, Chair Johnson adjourned the Special Meeting at 7:45 p.m. Respectfully submitted, Lara Weisiger Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Community Improvement Commission September 20, 2005 1 CITY OF ALAMEDA MEMORANDUM To: Honorable Chair and Members of the Community Improvement Commission From: Debra Kurita Executive Director Date: October 5, 2005 Re: Recommendation to Approve a Predevelopment Agreement with the Alameda Unified School District for Affordable Housing at the Island High School Site. Background In 1991, the Community Improvement Commission (CIC) and Alameda Unified School District (AUSD) entered into an agreement (the "Agreement ") whereby the CIC agreed to set aside 8% of the total tax increment from the Business and Waterfront Improvement Project, specifically 40% of the Housing 20% set -aside funds, into a special fund called the District Housing Fund. The Agreement requires the AUSD to use the money from the District Housing Fund for increasing and improving the supply of low or moderate income housing. On June 21, 2005, the City Council and CIC held a joint public hearing during which they reviewed and approved the AUSD's development concept to use monies from the District Housing Fund for an affordable rental housing project at the site of Island High School. The next step was for a new, project- specific agreement to be presented to the CIC for approval. Attached is a Predevelopment Agreement between the CIC and AUSD that fulfills this requirement. Discussion /Analysis On March 30, 2005, the AUSD submitted a description of various development scenarios for affordable rental housing at the site of Island High School at the corner of Eagle Avenue and Everett Street. Options presented ranged from the development of six new units of affordable rental housing subject to the Agreement, plus an additional ten rental units and a daycare center developed by the AUSD outside the terms of the Agreement, to 28 multi- family rental units as a joint venture with the Housing Authority (using the Housing Authority's Measure A exception). The AUSD has now engaged the Alameda Development Corporation as a development consultant and will begin predevelopment activities in order to better assess the viability and desirability of the various development scenarios. Activities to be undertaken include assembling a development team, preparing project cost estimates and a financial plan, community outreach, site assessment (survey, environmental, schematic drawings, etc.), obtaining approvals and securing financing. Report 1 -B 10 -18 -05 Dedicated to Excellence, Committed to Service Honorable Chair and Members October 5, 2005 of the Community Improvement Commission Page 2 The attached Predevelopment Agreement provides for the disbursement of up to $145,000 from the District Housing Fund in order for the AUSD to undertake predevelopment activities. The agreement establishes the procedures for the CIC's disbursement of funds to compensate the AUSD for eligible pre - development costs incurred in connection with the planning and design of the proposed project at Island High and includes a scope of work, project budget and project schedule. The AUSD anticipates completing the activities described in the agreement within the next 12 months. The activities to be undertaken comply with all sections of Community Redevelopment Law which govern the use of 20% set -aside funds, as well as with the terms of the original Agreement. Fiscal Impact There is no impact on the General Fund. The District Housing Fund currently contains $1.6 million. The Predevelopment Agreement would provide the AUSD up to $145,000 from the District Housing Fund for predevelopment activities. The AUSD anticipates that monies from the District Housing Fund will be used to leverage additional public and private funds. Municipal Code /Policv Document Cross Reference This project is consistent with the Housing Element of the General Plan. Recommendation It is recommended that the CIC approve a Predevelopment Agreement with the Alameda Unified School District for Affordable Housing at the Island High School Site. Respe'ctf Leslie Little Development Services Director By: Rachel Silver Development Manager, Housing LL \RS:sb Attachment cc: Superintendent, AUSD Executive Director, Alameda Development Corporation Dedicated to Excellence, Committed to Service G: \HOUSING\AUSD \Island High \Staff Report - CIC10_18_05.doc F: Development \Island High \Funding Agreements PRE - DEVELOPMENT AGREEMENT THIS PRE - DEVELOPMENT AGREEMENT ( "Agreement ") dated October 2005, is entered into by and between the COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA, a public body, corporate and politic ( "CIC "), and ALAMEDA UNIFIED SCHOOL DISTRICT ( "AUSD "). RECITALS A. CIC and AUSD are parties to an agreement ( "Pass Through Agreement ") dated November 12, 1991, which provides, among other things, (i) for pass through to AUSD of certain tax increment funds that would otherwise be allocable to CIC, (ii) for CIC to deposit in a special fund of the CIC ( "District Housing Fund ") an amount equal to eight percent of the property tax increments received by CIC, and (iii) for such District Housing Fund monies to be made available by CIC to AUSD to provide affordable housing to very low, low and moderate income households, with priority to AUSD employees to the extent permitted by law. B. Monies in the District Housing Fund are subject to all requirements in the Community Redevelopment Law (Health and Safety Code Section 33000 et. seq.), including those applicable to CIC's Low- and Moderate - Income Housing Fund, as well as the terms and conditions outlined in the Settlement Agreement entered into between Clayton Guyton and Modessa Henderson and City as executed by City on April 25, 1990 ( "Settlement Agreement), a copy of which has previously been provided to AUSD and is incorporated by reference. C. As contemplated by the Pass Through Agreement, AUSD has identified the Island High Site described and depicted in Exhibit A attached hereto and incorporated by reference, as a potential location for development of a proposed affordable housing Development ( "AUSD Housing Development ") consistent with the requirements of the Pass Through Agreement. The Island High Site is located within the CIC's Business and Waterfront Community Improvement Plan Project Area. CIC acknowledges that AUSD in its sole discretion may, as part of the Pre - Development studies, determine that it is appropriate to subdivide the Island High Site and develop one or more projects including very low /low- income housing on only a portion of the Island High Site, and `Staff Housing' and/or other ancillary uses on the remaining portion of the site, subject to Paragraph 3, below. D. AUSD desires to undertake certain pre- development activities in connection with the planning and design of the proposed AUSD Housing Development. E. Expenditure of monies deposited in the District Housing Fund to fund such pre- development activities will fulfill the purposes of Health and Safety Code section 33334.2, as well as the goals and objectives of CIC and AUSD, by increasing the community's supply of affordable housing. F. The parties intend that the affordable units funded by this Pre - Development Agreement will apply towards satisfaction of CIC's inclusionary affordable housing obligations under Health and Safety Code section 33413(b). G:\HOUSING\AUSD\Island High\ AUSDPre- DevelopmentAgreementFINAL.DOC F: Development \Island High\Funding Agreements G. CIC and AUSD now desire to enter into this Agreement to establish the procedures for CIC's disbursement of monies from the District Housing Fund to AUSD for certain eligible pre - development costs incurred in connection with the planning and design of the proposed AUSD Housing Development. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and for other good and sufficient consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and between the parties as follows: 1. Recitals. The recitals above are hereby incorporated by reference. 2. Term. The term of this Agreement begins as of October , 2005 and shall terminate on the earlier of October 30, 2006, or upon completion of AUSD's proposed Predevelopment Activities. 3. Pre - Development Costs. Subject to the conditions and limitations set forth herein, CIC shall advance monies from the District Housing Fund to AUSD for reasonable costs to be incurred by AUSD and paid to unaffiliated third parties, including financial and environmental consultants, architects and engineers ( "Third Party Consultants ") for pre - development work directly related to the proposed AUSD Housing Development ( "Pre- Development Costs"). Pre - Development Costs shall expressly exclude internal AUSD costs, including costs of AUSD staff time, and any other expenditures prohibited under Community Redevelopment Law. AUSD acknowledges and agrees that pursuant to Health and Safety Code Section 33334.3, CIC has a statutory obligation to ensure that amounts expended from its Low- and Moderate - Income Housing Fund for planning and administrative expenses are necessary for the production of affordable housing and not disproportionate to amounts actually expended for the production of such affordable housing. Pre- Development Costs shall be described in the List of Predevelopment Activities and Approved Budget specifying by line item the expenditures to be made with District Housing Funds, ,attached hereto as Exhibit B and incorporated by reference. The List of Predevelopment Activities and Approved Budget may be amended with the written approval of the Development Services Director or his /her designee, as long as the total dollar amount of Pre - Development Costs does not exceed One Hundred Forty -Five Thousand Dollars ($145,000). CIC acknowledges that AUSD in its sole discretion may, as part of the Pre - Development studies, determine that it is appropriate to subdivide the Island High Site and develop very low /low- income housing on only a portion of the Island High Site. Any and all advanced Pre - Development funds will be applied only to the qualifying very low/low- income housing ( "qualified housing ") portion of the site, freeing the balance of the Island High Site of any encumbrances that would have otherwise been imposed on the Island High Site as a result of use of the housing funds. Despite AUSD's best efforts to use Pre- Development funds only for activities for a qualified housing portion of the Island High site, should said funds be used for a portion of the Island High site which is later determined to be developed for non - qualified housing (and/or ancillary uses), any Pre - Development funds which were applied to the portion of the Island High Site which will not be used to develop very low /low income housing or 2 G:\HOUSING\AUSD\Is1and High\ AUSDPre- DevelopmentAgreementFINAL.DOC F: Development \Island High\Funding Agreements otherwise satisfactorily be reimbursed to the CIC, shall be deducted from future Pre - Development Costs disbursed under this Agreement, and that portion of the site used for non - qualified housing (and/or ancillary uses) shall remain free of any encumbrances required due to the use of monies from the District Housing funds. 4. Conditions of Fund Advance. From time to time during the term of this Agreement, but not more frequently than monthly, AUSD may request that CIC disburse District Housing Funds to AUSD in advance for payment of AUSD's Pre - Development Costs. All such requests for disbursement shall be in writing and shall be accompanied by estimates for services to be undertaken. Subject to satisfaction of the conditions set forth in this Section 4 and in Section 3 above, CIC shall disburse the District Housing Funds to AUSD within twenty -one (21) days of receipt of AUSD's disbursement request. AUSD agrees to provide copies of invoices supporting the amount received, together with such additional supporting documentation as may be reasonably requested by CIC, including (a) progress reports on the status of the proposed AUSD Housing Development, including items accomplished within the invoice period, (b) copies of AUSD's contracts with its Third -Party Consultants, and (c) copies of all draft and final reports, plans, schematics, or other contracted -for materials prepared by the Third Party Consultants within a reasonable time frame, but no later than the next subsequent disbursement request Copies of invoices supporting the request for Pre - Development Costs must accompany the final request for disbursement. In no event shall the total amount of Pre - Development Costs disbursed pursuant to this Agreement exceed $145,000. 5. Non- Discrimination. AUSD covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, sex, sexual orientation, marital status, familial status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the proposed AUSD Housing Development, nor shall AUSD or any person claiming under or through AUSD establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees iri the AUSD Housing Development. 6. Mandatory Language in All Subsequent Deeds, Leases and Contracts. All deeds, leases or contracts made or entered into by AUSD, its successors or assigns, as to any portion of the Island High Site or the AUSD Housing Development shall contain therein the following language: a. In Deeds: "Grantee herein covenants by and for itself, its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, familial status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the site herein conveyed nor shall the grantee or any person claiming under or through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the site herein conveyed. The foregoing covenant shall run with the land." - 3 — G:\HOUSING \AUSD\Island High\ AUSDPre- DevelopmentAgreementFINAL.DOC F: Development\Island High\Funding Agreements b. In Leases: "The lessee herein covenants by and for the lessee and lessee's heirs, personal representatives and assigns and all persons claiming under the lessee or through the lessee that this lease is made subject to the condition that there shall be no discrimination against or segregation of any person or of a group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, familial status, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased nor shall the lessee or any person claiming under or through the lessee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." c. In Contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, familial status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the site nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." 7. Continued Affordability. AUSD acknowledges and agrees that all affordable housing units developed in whole or in part with the proceeds of CIC's Low- and Moderate - Income Housing Fund monies, including the District Housing Funds, are required to remain affordable for not less than 55 -years in the case of rental units, and not less than 45 -years in the case of for - sale units. AUSD shall ensure the long -term affordability of the affordable units within the AUSD Housing Development by preparing and recording long term affordable housing covenants running with the land. AUSD's affordable housing covenants shall be in a form reasonably acceptable to CIC's legal counsel and shall meet all of the requirements of the Community Redevelopment Law and shall name CIC and the City of Alameda ( "City ") as beneficiaries of the covenants. 8. Indemnification. Except as caused by CIC's or City's sole or active negligence or willful misconduct, AUSD agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to CIC and City) CIC, City, and their respective elected officials, volunteers, employees and contractors, from all suits, actions, claims, causes of action, costs, demands, judgments and liens, including attorney's fees and costs, arising directly or indirectly out of any activities, including pre - development activities, undertaken by or on behalf of AUSD, or its employees, agents, representatives, contractors or subcontractors in connection with the proposed AUSD Housing Development. 9. Action by CIC. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent, request, extension of time, waiver of condition, termination, or other action by CIC is required or permitted under this Agreement, such action may be given, made, or taken by the Executive Director, as applicable, or his or her respective designees, without further approval by CIC Board. Any such action shall be in writing. 10. Notices. Any approval, disapproval, demand, document or other notice ( "Notice ") which either party may desire to give to the other party under this Agreement must be in writing and 4— GAHOUSING\AUSD\Is1and High\ AUSDPre- DevelopmentAgreementFINAL.DOC F: Development'Island High\Funding Agreements shall be given by certified mail, return receipt requested and postage prepaid, personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice. To CIC: with a copy to: Community Improvement Commission of the City of Alameda 950 West Mall Square, Room 215 Alameda, California 94501 Attention: Development Services Director City of Alameda 2263 Santa Clara Avenue Room 280, City Hall Alameda, California 94501 Attention: City Attorney To AUSD: Alameda Unified School District Business Services 2200 Central Avenue, Room 105 -E Alameda, California 94501 Attention: Superintendent with a copy to: AUSD Administrative Director Alameda Development Corporation 2363 Mariner Square Drive, Suite 240 Alameda, CA 94501 ATTN: Executive Director Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party. 11. Future CIC and City Actions. The parties acknowledge and agree that this Agreement does not constitute approval by CIC or City of any land use approvals, entitlements or permits, required for development of the proposed AUSD Housing Development. 12. Accounting Records. AUSD shall maintain full and accurate records related to all Reimbursable Pre - Development Costs for not less than five (5) years following the date such Reimbursable Pre - Development Costs are incurred. AUSD's accounting records shall include, at a minimum, all documents which support the costs and expenses related to the Reimbursable Pre - Development Costs. AUSD's accounting records shall be made available to CIC for - 5 — G:\HOUSING\AUSD\Island High\AUSDPre- DevelopmentAgreementFINAL.DOC F: Development\Island High\Funding Agreements inspection and/or copying within five (5) business days after request, at no cost to CIC, and during normal business hours. 13. No Claims. Nothing contained in this Agreement shall create or justify any claim against the CIC or the City as a third party beneficiary or otherwise by any Third Party Consultants or other person AUSD may have employed or with whom AUSD may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the development of the proposed AUSD Housing Development, and the Developer shall include similar requirements in any contracts entered into for the development of the proposed AUSD Housing Development. 14. Miscellaneous. This Agreement shall be interpreted as though prepared jointly by both parties, and shall governed by California law. This Agreement may not be modified or amended, nor may any term or provision be waived or discharged, except in writing signed by the party or parties against whom such amendment, modification, waiver, or discharge is sought to be enforced. If any provision of this Agreement or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Agreement and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated. In the event of breach of this Agreement, the parties shall have all remedies available at law or in equity. [Signatures follow on next page] - 6 - G:\I-1OUSING\AUSD\lsland High\AUSDPre- DevelopmentAgreementFINAL.DOC F: Development\Island High\Funding Agreements IN WITNESS WHEREOF, CIC and AUSD have caused this Agreement to be executed on their behalf by their respective officers thereunto duly authorized. Dated: APPROVED AS TO FORM: COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA, a public body, corporate and politic , 2005 By: Debra Kurita General Counse Its: Executive Director ALAMEDA UNIFIED SCHOOL DISTRICT Dated: Goober 11 , 2005 By: - 7 -- G:\HOUSING \AUSD \Island High\ AUSDPre- DevelopmentAgreementFINAL.DOC F: Development\Island High\Funding Agreements Exhibit A Legal Description and Depiction of Island High Site G:\HOUSING\AUSD\Island High\ AUSDPre- DevelopmentAgreementFINAL.DOC F: Development\Island High\Funding Agreements Site Description — Island High School Site: This property is identified by Assessor's Parcel Number 070 - 0193 -011. According to public records, this subject property consists of 36,000 square feet or 0.826 acres and is rectangular in shape (150' x 240'). Please see attached map. ASSESSOR'S MAP 70 Code Area No. 21-004 ' f% /omedo Stotion Home' steodToct our /7 P9 6o) LD/coyroni showing Dye and eowens red vision of B /ocMs A: G. ono' leaf the i 'omedo Ste 1.49/2 //omesfeod(ek / , /75) e cote /i7 Soft /94 • NI NI yNl I /,,.•• Clement t•1 4venue 4 R r. 1 (043 101 D ,1s4 4141 MIN 444 MEM 4104 z '1 _`_Y N 1.7645 137. 0f F delo 1 @3 0 _pa 1..4 ) /0U/ 8 0 00 • 77.01 • ZS • Ai • 40 • 40 • 00 . s. I . t. 0 Ip z 0 70 62 /65 40 ot LI= 04 /4 /6 20 Jahr vl I,Iii.� lmium.mi.�.o..�1ol 1 1 s0N 00 /- • W /i �W 1W I /7 Eo9 /e Avenue Y r NI /92 APN: 070 -0193 -011 /NO./ /E /67 Exhibit B List of Predevelopment Activities and Approved Budget G:\HOUSING\AUSD \Island High\ AUSDPre- DevelopmentAgreementFINAL.DOC F: Development\Island High\Funding Agreements Scope of Work Activities covered include predevelopment work necessary to determine the feasibility of the project. Activities will include assembling the development team, preparation of project cost estimates and a financing plan, community outreach, beginning the public approval process and securing financing necessary to construct the project. Market Tasks • Research applicable household income limits and identify AUSD employees that would qualify. • Develop preliminary marketing plan including description of resident selection process (including compliance with terms of Guyton Settlement Agreement regarding preferences as applicable). • Determine amenities, unit types and sizes based on information gathered from analysis of market need, AUSD employees that qualify for the development, and any other potential residents of the development. Deliverables • Definitive information on eligible AUSD employees, their incomes, and an interest list • Marketing plan that complies with applicable regulations governing funding sources • Complete community outreach, and obtain feedback about the project Site Tasks • Complete site feasibility evaluation including an environmental investigation and soils testing. • Obtain preliminary design information and cost estimates. • Initiate any critically important public approval processes. • Obtain a preliminary site plan and preliminary design/schematics. Deliverables • Preliminary site plan • Preliminary designs /schematics • Refined list of public approvals needed • Completed boundary and topographic survey • Completed Phase I environmental investigation, soils test and other inspection reports • Refined costs estimates Financing Tasks • Refine estimates of development and operating costs. •. Develop a preliminary development and operating budget, sources and uses budget and resource plan including need for additional subsidy at applicable income levels and timing of subsidy by quarter over course of project development. • Make inquiries into public and private financing and subsidies. • Complete selected financing applications for subsidy funds. Deliverables • Preliminary development and operating budget • Sources and uses of funds • Resource plan • Completed applications for financing • Additional sources of predevelopment funds Organization Tasks • Identify and contract with an attorney, architect, and other development team members including an environmental engineer, a soils engineer, and a civil engineer. • Implement community information plan to disseminate and gather information about the project. • Develop a project schedule and detailed workplan. • Resolve Planning and Zoning issues. Deliverables • Project schedule and workplan • Assembled development team • Complete initial community outreach G:\HOUSING\AUSD \Island High\AUSD Scope of Work.doc /8/30/2005 Predevelopment Budget - AUSD Testing and Inspection Soils Report $ 7,500.00 Environmental Phase I $ 6,000.00 Environmental Phase II* $ 12,000.00 Survey $ 4,000.00 Environmental Review $ 7,500.00 Architecture & Engineering $ 35,000.00 Market Study $ 5,000.00 Loan Fees /Predevelopment interest $ 12,500.00 Legal Fees $ 15,000.00 Development Consultant $ 25,000.00 Soft Cost Contingency $ 12,950.00 Total $ 142,450.00 * This amount covers a Phase II investigation if the results of the Phase I Investigation present the need for additional testing. Predev Budget/Predevelopment Budget/8 /30/2005 PREDEVELOPMENT BUDGET NARRATIVE Testing and Inspection AUSD /ADC is in the process of selecting an environmental consultant to assess the environmental condition of the site, develop a remediation plan, provide a cost estimate for the remediation work and advocate on behalf of the project and the favored remediation plan with environmental regulatory agencies and lenders if necessary. We are considering the following environmental consultants: • Rick Widebrook - Mr. Widebrook has extensive experience in his field and has worked with several nonprofits including Eden Housing, Inc. Mr. Widebrook is well respected, works well with lenders and has advocated successfully for clients in complex and sensitive situations. • PES Environmental - PES Environmental also has extensive non profit experience and the ability to work with lenders, negotiate with the regulatory agencies, cost effectively maneuver through complex regulations and work on difficult projects. • Blymer Engineers — Blymer is a local firm based in Alameda. They have completed work for nonprofit and for - profit developers. A line item for a Phase II environmental investigation has been included in the event that the Phase I investigation reveals the need for additional testing. A geotechnical investigation and survey will be obtained. The consultant is in the process of researching consultants to perform both the soils testing and a boundary and topographical survey of the property. Environmental Review After the project concept has been defined, the developer will meet with the appropriate City departments to determine if a NEPA or CEQA review will be needed and if any additional studies will need to be performed including but not limited to archaeological resources studies, acoustical studies, etc. Architectural and Engineering We will engage an architect to provide conceptual studies including initial schematic drawings, the number and size of units to be developed, and layout of the site. We will interview firms with extensive affordable housing experience. Loan Fees/Predevelopment Interest Financing application fees are required by many private lenders. Additional predevelopment financing will be sought through a variety of sources. Legal Legal services will include review of loan documents, coordination of various legal requirements and provision of opinions, transactions and closing, general advice and consultation. Counsel will also provide advice regarding the Guyton Agreement and a strategy for development without triggering `Surplus Land' issues. Development Consultant The Alameda Development Corporation is acting as the development consultant. The scope of work for the consultant will include project management, securing financing, planning and zoning approvals, and advising the AUSD on the most prudent course of action. Formulate Predevelopment Budget and Financing Plan As the project plan is created, we will produce a plan for assembling the permanent and construction financing. Funds from the predevelopment grant will be used to pay for costs associated with writing, assembling and submitting applications for State, Federal and local government subsidies and/or private entities for construction and permanent financing and assistance. ADC will take the lead in securing financing for the development, working with lenders, negotiating financing terms and closing the loans. 1. Complete the technical narratives of applications for financing which include determining the type of housing suitable for the neighborhood where the project will be located, the number of units planned and appropriate to the zoning applicable to the site, the rents to be charged and in collecting all information required to establish the feasibility of the project; 2. Raise additional funding from foundations and other sources; 3. Apply and negotiate for pre - development funding from the City of Alameda, the Local Initiative Support Corporation and other sources. Soft Cost Contingency A soft cost contingency of 10% of anticipated predevelopment costs is included to cover cost overruns and unanticipated expenses. G:\HOUSING \AUSD\Island High\PREDEVELOPMENT BUDGET NARRATIVE.doc /8/30/2005 Island High Pre - Development Timeline Milestone /Event Market ------ - - - - -- ------------ ------------ En Feb um Apr Menlo Aug Eral IIIIMMEM 4 © 6 MI 8 9 10 1131111E1 Oct Nov Dec ----- _ - - - - -- ------------ ----_------ --------- �� -- - - - - -- — - - - — --------- - - - - -- --_------ ---_------ - -- - - - - - -- ------------ - i---- - - - - -- - _ ---- - - - - -- -- _1111-- - - - - -- -- ` --- - - - - -- __ - - - - -- ���! - - - - -- � � 111111111111MMION =1111111111111------ --------- - -I; - - - - --- - - - - - -- ----------_— --_a --1----------- ---- - - - - -- 11111111111111111=11111111111M11111111111MMIIIIIIIIIIIM - ----------- 111111111111111111111111111111MIIIIMMEMI =MIN -- Research Applicable income limits Identify AUSD em•loyees that qualify Perform Community outreach Determine suitable amenities, unit ty.es and sizes Develo. initial marketin.glen Site Solicit Consultants Contract with Environmental Consultant Complete Phase I environmental Investigation Consult with City Engineering /Planning Departments Hire Surveyor Survey Hire Architect Begin Site layout Initiate Schematic Design Schematic Designs Design review process Community Outreach Hire geotechnical consultant Geotechnical Investigation Complete Geotechnical investigation Complete Schematic Designs Design approval Legal Review Loan documents Coordination of legal requirements Financing Investigate financing available Acquire additional predevelopment funds Prepare initial cost estimates Prepare initial proforma Refine cost estimates Whereas, Whereas, Whereas, Whereas, Proclamation the month of October has been designated National Disability Awareness Month; and Disability Awareness Month was first recognized on August 11, 1945, by a joint resolution of the United States Congress as the National Employment of the Physically Handicapped Week; and Disability Awareness Month was supported with the signing of the Americans with Disabilities Act of 1990 (ADA) by President George H.W. Bush; and Disability is a natural part of the human experience and in no way diminishes the right of individuals with disabilities to live independently, enjoy self-determination, make choices, contribute to society and experience fully in the economic, political, social, cultural and educational mainstream of American society; and Whereas, Disability Awareness Month highlights the progress the City of Alameda has made in improving employment opportunities, government services, public accommodations, transportation, and telecommunications for those with disabilities; and Whereas, Disability Awareness Month also recognizes that there is still work to be done to remove barriers, whether physical or social, that unreasonably prevent the full participation of Americans with disabilities; and Whereas, on August 17, 2004, the City Council of the City of Alameda established a Commission on Disability Issues to provide an enhanced public forum to address local disability issues; NOW, THEREFORE, I, Beverly Johnson, Mayor of the City of Alameda, do hereby proclaim the Month of October 2005 as DISABILITY AWARENESS MONTH Beverly J. Johnson Mayor Proclamation 3-A 10-18-05 UNAPPROVED MINUTES MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY - - OCTOBER 4, 2005 - - 6:30 P.M. Mayor Johnson convened the Special Meeting at 7:10 p.m. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. Public Comment Ed Murphy, Alameda, read and submitted comments regarding the City Attorney. The Special Meeting was adjourned to Closed Session to consider: (05- ) Conference with Labor Negotiators - Agency Negotiators: Human Resources Director and Craig Jory; Employee Organizations: International Brotherhood of Electrical Workers and Management and Confidential Employees Association. (05- ) Conference with Labor Negotiators - Agency Negotiator: Arthur Hartinger /Kathy Mount of Meyers, Nave, Riback Silver and Wilson; Employee: City Attorney. Following the Closed session, the Special Meeting was reconvened and Mayor Johnson announced that the Council discussed labor negotiations regarding the International Brotherhood of Electrical Workers and instructions were given to labor negotiators; and the Council discussed labor negotiations regarding the City Attorney. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:55 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council October 4, 2005 UNAPPROVED MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - OCTOBER 4, 2005 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:01 p.m. Councilmember deHaan led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (05- ) Mayor Johnson announced that consideration of City Attorney's Contract renewal [paragraph no. 05- ] would be continued to the October 5, 2005 Special City Council Meeting. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (05- ) Proclamation declaring October 16 through 22, 2005 as National Business Women's Week in Alameda. Mayor Johnson read and presented the proclamation to Erica Neuman, Isle City of Alameda Business and Professional Women Organization. Ms. Neuman thanked the Council for the proclamation and presented pink ribbons in observance of Breast Cancer Awareness Month. (05- ) Proclamation declaring October 4, 2005 as Wind River Appreciation Day. Mayor Johnson read and presented the proclamation to Jeff Loehr with Wind River. Mr. Loehr thanked the Council for the proclamation; stated Wind River is focused on helping the community and the world at large and wants to help prepare the community for the least damage and fatalities in the event of a disaster. (05- ) Library Project Update. The Project Manager gave a brief project update. CONSENT CALENDAR Councilmember deHaan moved approval of the consent calendar. Alameda City Council Regular Meeting October 4, 2005 1 Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *05- ) Minutes of the Special and Regular City Council Meetings held on September 20, 2005. Approved. ( *05- ) Ratified bills in the amount of $2,049,649.49. ( *05- ) Recommendation to approve issuance of the Request for Proposals for a Materials Security and Inventory System for the Alameda Free Library. Accepted. REGULAR AGENDA ITEMS (05- ) Consideration of City Attorney's Contract Renewal. Continued to the October 5, 2005 Special City Council Meeting. ORAL COMMUNICATIONS, NON - AGENDA (05- ) Susan M. Potter, Alameda, inquired on the status of rolling stores; stated that she applied for a permit to do business as an expresso truck over a year ago; all County and State health inspections have been passed; other businesses are doing what she has been told she cannot do. Mayor Johnson stated that the issue was referred to the Planning Board. The Assistant City Manager stated the Planning Board had a work session on the issue and was not enthusiastic with moving forward; the impacts on community neighborhoods were a concern; staff was requested to work further on the issue; stated a report will be presented to the Council. Mayor Johnson requested that information on the Planning Board's decision be provided. Councilmember Matarrese stated a decision needs to be made on the matter; the law needs to be enforced or changed; mobile vendors should not be allowed if the Planning Board has reservations on the concept. Mayor Johnson inquired whether anything prevented someone from Alameda City Council Regular Meeting October 4, 2005 2 entering into an agreement with a property owner. The Assistant City Manager responded the rolling store provisions address the use of City streets. Councilmember Matarrese stated other people are using City streets for the very same purpose; the City needs to allow for the use of City streets or ticket the people in violation of the law. The City Manager stated that staff would get back to the Council on the matter. Councilmember deHaan stated that the Recreation and Park Commission was requested to review the use of public activities in parks; requested an update from the Recreation and Park Commission. (05- ) Bill Smith, Alameda, discussed light rail and disaster preparedness. COUNCIL COMMUNICATIONS (05- ) Consideration of Mayor's nominations for appointment to the Civil Service Board, Commission on Disability Issues, Economic Development Commission, Historical Advisory Board, Housing and Building Code Hearing and Appeals Board, and Recreation and Park Commission. Mayor Johnson nominated Avonnet M. Peeler to the Civil Service Board; Audrey M. Lord - Hausman to the Commission on Disability Issues; and, Janet W. Iverson to the Historical Advisory Board. (05- ) Councilmember deHaan stated that there is an unusual, glob -like substance in the southern and eastern portion of the City; requested staff to investigate the matter. (05- ) Mayor Johnson stated that many senior citizens are not participating in the Citizen Emergency Response Team (CERT) Program because a waiver releasing the City from any liability is required; requested that staff review the matter; stated the senior citizens are willing to sign the waiver for liability during a disaster, but are not willing to sign a blanket waiver. (05- ) Mayor Johnson stated some cities' animal shelters place pictures on the internet; people can use the internet to look for pets or look to adopt; inquired whether the internet is utilized. The City Manager responded that staff would look into the matter. Alameda City Council Regular Meeting October 4, 2005 3 ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 8:30 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Alameda City Council Regular Meeting October 4, 2005 4 UNAPPROVED MINUTES MINUTES OF THE SPECIAL CITY COUNCIL MEETING WEDNESDAY- - OCTOBER 5, 2005- -6:05 P.M. Mayor Johnson convened the Special Meeting at 6:20 p.m. Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese and Mayor Johnson - 5. Absent: None. Agenda Items (05- ) Adjournment to Closed Session to consider: Conference with Labor Negotiator; Agency Negotiator: Arthur Hartinger of Meyers, Nave, Riback Silver and Wilson; Employee: City Attorney; and (05- A) Consideration of City Attorney's Contract Renewal. Ed Murphy, Alameda, read and submitted comments regarding the City Attorney. Mayor Johnson stated that Council met in closed session with labor negotiators and reached agreement relating to the automatic renewal provision of the City Attorney's Contract. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:18 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council October 5, 2005 October 13, 2005 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 141247 - 141678 EFT 143 EFT 144 Void Checks: Amount 1,979,963.57 3,000.00 25,610.00 140906 (161.21) GRAND TOTAL Respectfully submitted, Pamela J. Sible Council Warrants 10/18/2005 2,008,412.36 BILLS #4 -B 10/18/05 CITY OF ALAMEDA MEMORANDUM Date: October 18, 2005 . To: Honorable Mayor and Councilmembers From: Carol A. Korade City Attorney Re: Recommendation to Authorize Execution of a Contract With Southern California Risk Management Associates for Third Party Administrator Services for the City's Workers' Compensation Program BACKGROUND Workers' compensation, which is mandated by the State Labor Code, provides medical treatment coverage, temporary and permanent disability payments, survivor's death benefits, and total disability pension benefits for employees, officers, elected officials and volunteers, by City Resolution, suffering from an . industrial injury or illness. Temporary disability benefits for non -sworn employees amount to approximately two - thirds of an employee's wages payable for up to two years. Sworn officers (police and fire) receive full non - taxable pay and benefits for a maximum of one year per Labor Code §48501. The City has been self- insured for workers' compensation for 29 years. During that time, the City has found it to be a cost savings to employ a third party administrator to process claims because of the institutional knowledge and ability to reduce outside litigation cost by handling claims in- house. The City of Alameda's Workers' Compensation Program is comprised of two funding mechanisms: self- insurance with a $250,000 self- insured retention (SIR), and excess coverage through Local Agency Workers Compensation Excess Joint Powers Authority (LAWCX) to "statutory limits." LAWCX provides excess coverage for claims, which exceed the City's self- insured retention to avoid a direct budgetary impact from a potential catastrophic claim. The purpose of this memorandum is to seek authorization to execute a new contract with a new third party administrator for the City's workers' compensation program. If a sworn officer is still disabled after one year, he /she can receive up to one additional year of disability benefits at the two- thirds wages level of a non -sworn injured worker. Report 4 -C 10 -18 -05 Honorable Mayor and October 18, 2005 Councilmembers Page 2 of 4 DISCUSSION /ANALYSIS The State Labor Code provides three alternatives to employers to administer their workers' compensation responsibilities. The first is through the purchase of commercial insurance, the second is through self insurance and in -house administration of claims, and the third is through self insurance and administration of claims provided by a third party administrator (TPA). The first option available is to purchase commercial insurance to provide loss coverage and administration of all claims on the City's behalf. A historical problem with commercial insurance has been the fluctuation in premium from year to year, which is based on the industry's claims experience and the underwriter's investment proceeds. In addition, commercial workers' compensation commissions and overhead are approximately 40% of the premium. Logistically, a decision to begin purchasing commercial insurance would require a three -year waiting period to satisfy the contractual exit requirements of the City's current excess insurance pool through LAWCX. The additional cost associated with market fluctuation, commissions and overhead combined with the lack of claims control have made this an undesirable choice in the past for the City. The second option is self- insurance with internal or in -house administration of the workers' compensation program. This option means that all claims administrative functions are handled . by full -time City staff. An in -house program requires additional state certifications and higher level of State oversight of the complete workers' compensation program. A workers' compensation program with in -house administration would require the hiring and training of additional full -time staff that are dedicated to processing workers' compensation claims. Due to the costs of increased full -time staffing and additional state certifications requirements, this option has not been utilized in the past. The City has employed the third option — self- insurance with a TPA for workers' compensation since 1976. From 1976 to 1993 the City contracted with Gates McDonald to administer the workers' compensation program. In 1993 the City issued a Request For Proposal (RFP) for Workers' Compensation Claims Administrators. At the conclusion of the RFP process, the City contracted with Gregory B. Bragg & Associates, Inc. The current contract with Bragg & Associates expires on November 30, 2005. On June 10, 2005, the City Attorney's Office issued a Request for Proposals for Workers' Compensation Claims Administrators. On July 22nd the City had received responses from 13 TPA's. After an initial review of the responses, seven firms were selected to receive an invitation to participate in the second step of the selection process — a live presentation /panel interview. The firms selected were Acclamation Insurance Management Services Inc., Athens Administrators, Gregory B. Bragg & Associates, Inc., Intercare Insurance Services, Pegasus Risk Management and Southern California Risk Management Associates. On August 18th, a panel made up of Honorable Mayor and October 18, 2005 Councilmembers Page 3 of 4 City representatives from Fire, Police, Human Resources, Alameda Power and Telecom and the City Attorney's Office listened to a 30- minute presentation from each TPA and participated in a question and answer session. The unanimous recommendation of the panel was Southern California Risk Management Associates (SCRMA). The panel was especially impressed with SCRMA's knowledge and approach when dealing with public safety claims and the associated Labor Code §4850 benefits for sworn officers. The panel was also impressed with SCRMA's in -house utilization review capabilities, which avoids unnecessary claim delays. SCRMA was founded in 1988 to provide workers' compensation services for California public agencies. They provide claims administration for 340 Northern and Southern California employers representing 240,000 client employees. Today, they administer workers' compensation claims for approximately 100 California cities. SCRMA is based in Upland, CA, and will administer the City's account from its San Jose office. SCRMA only focuses on California workers' compensation claims and does not perform liability claims oversight services. All references checked for SCRMA highly recommended the administrator. BUDGET CONSIDERATION /FINANCIAL IMPACT SCRMA has proposed an annual claims administration fee of $124,000.00, (which is a 9% increase from the current annual fee paid by the City to Bragg)2 for the first year of the contract, with an increase in fees for the second and third year of the contract to be negotiated annually but not to exceed ten percent of the previous year. Associated with the switch from the City's current TPA to SCRMA is a one time Claims Conversion Fee from the software vendor in an amount not to exceed $10,000.00. Of the seven firms interviewed during the RFP process, the proposed administration fees of the candidates ranged from a high of $199,467 to a low of $115,022. This administration fee proposed by SCRMA is competitive in that they provide a four person account team to process the City's workers' compensation claims with a dedicated claims examiner, claims assistant and benefit technician. SCRMA has demonstrated a historical ability to reduce overall claims costs. As an example, SCRMA's sample for the total loss per claim with lost work days, also known as indemnity claims, of a California city claim was $32,776 in 2000, $31,279 in 2001, and $27,343 in 20023, where the state average for an indemnity claim cost was $45,111, $50,260 and $57,320 respectively. Moreover, we expect that SCRMA's cost containment program will also result in savings for the City. A cost containment program includes medical bill review, medical utilization review, and a medical provider network. SCRMA's medical bill review program has 2 Bragg's RFP bid was $153,500 for claims administration fees 32002 latest year of available data Honorable Mayor and October 18, 2005 Councilmembers Page 4 of 4 generated an overall average for all accounts for year 2004 of 58.0% in net savings, while the state average is 37 %. SCRMA's utilization review, which reviews appropriate medical expenses, customarily reduces medical costs an additional 5.0% annually. Additionally, the medical provider network, which is a TPA administered list of approved medical providers for employers, from which employees may seek treatment, should increase City's control over unnecessary workers' compensation expenses. SCRMA's original proposed administration fee was $159,000. The Risk Manager was successful in negotiating a 22% reduction to the current fee of $124,000. When compared to the six other firms interviewed, the SCRMA current administration fee was the second lowest proposed with a $9,000 differential. However, when the proposed claims cost savings and the total services offered are combined, the panel concluded that SCRMA is competitive and the best candidate for the City's TPA services. The costs for this contract are within the existing budget. The proposed contract with SCRMA is on file with the City Clerk's Office. RECOMMENDATION Authorize the City Manager to execute the contract with Southern California Risk Management Associates for third party administrator services for the City's workers' compensation program. spectfully su mitted, Carol A. Korade City Attorney CAK /SS:Ia cc: City Manager Assistant City Manager Risk Manager CITY OF ALAMEDA Memorandum To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Date: October 11, 2005 Re: Recommendation to Award Abandoned Vehicle Towing Contract to A &B Towing BACKGROUND On August 2, 2005 the City Council approved specifications for towing services of abandoned vehicles and authorized calling for bids. DISCUSSION The City Clerk received three bids. Two of the respondents were unable to satisfy the necessary towing and storage requirements, outlined in the specifications. A & B Towing fulfilled the essential requirements for further consideration. They are located at 8717 G Street, Oakland, approximately 6.1 miles from central Alameda. They are the Police Department's present contractor and have performed satisfactorily over the past five years. BUDGET CONSIDERATION /FINANCIAL IMPACT Approval of this contract will not impact the General Fund. The costs associated with Police Department ordered tows for vehicles abandoned, dismantled, or inoperative on public streets are charged to the registered owner of the vehicle. If not paid, the vehicle has a lien placed against it and is sold by the tow company to recoup losses. Vehicles abated from private property under A.M.C. 8 -22 are by law dismantled and not reconstructed or made operable. The tow company recoups the cost of removal from the owner of the parcel of land (pursuant to A.M.C. 8- 22.15). MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. Report 4 -D 10 -18 -05 Honorable Mayor and October 11, 2005 Councilmembers Page Two RECOMMENDATION Award the Abandoned Vehicle contract to A &B Towing. DK/CLO /wjs Attachment Respectfully submitted, Craig L.'jala Oilee a� Interim Chief of Police Dedicated to Excellence, Committed to Service CONTRACTOR AGREEMENT 0RJWIIAL THIS AGREEMENT, entered into this 6th day of October, 2005, by and between CITY OF ALAMEDA,, a municipal corporation (hereinafter referred to as "City "), A & B Company, Inc. whose address is 8717 G Street, Oakland, CA 94621 (hereinafter called the Contractor), in reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City and Contractor desire to enter into an agreement for providing towing services and vehicle storage upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties follows: 1. TERM: The term agreement shall commence on the 6th day of October, 2005, and shall terminate on the 6th day of October, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Contractor s hall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding performance of this agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced, personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but n_ of limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer- employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON - DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, . ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach . of this Agreement. 9. HOLD HARMLESS: Contractor shall indemnify, defend, and hold harmless City, its City Council, boards, commissions, officials, and employees ( "Indemnitees ") from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees ( "Claims "), arising from or in any manner connected to Contractor's negligent act or omission, whether alleged or actual, regarding performance of services or work conducted or performed pursuant to this Agreement. If Claims are filed against Indemnities which allege negligence on behalf of the Contractor, Contractor shall have no right of reimbursement against Indemnities for the costs of defense even if negligence is not found on the part of Contractor. However, Contractor shall not be obligated to indemnify Indemnities from Claims .arising from the sole or active negligence or willful misconduct of Indemnities. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Alameda by certified mail, "Attention: Risk Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as - additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: Property Damage: or Combined Single Limit: $500,000 each occurrence $100,000 each occurrence $1,000,000 each occurrence 4) Garage keeper's Legal Liability: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. The Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that, the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as, being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. F. MAINTAINING INSURANCE: All insurance shall be maintained at all times during the Agreement at the expense of the Contractor. G. INSURANCE CLAIMS: Incidents of vehicle damage or theft are to be reported to the Contractor's administrative office. These incidents will be investigated by the Contractor by reviewing the police reports and vehicle inventory reports of personal property. The Contractor shall assist the vehicle owner in comparing data contained in the reports with the actual status of the vehicle, arriving at a satisfactory agreement. If agreement can not be reached, the vehicle owner may file a claim with their insurance company who will negotiate a settlement with the Contractor's insurance company.. - 11. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent, but notice of such assignment shall be promptly furnished to City by Contractor. The sale, - assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venture or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50'Y°) or more of the voting power of the corporation. 12. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 13. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 14. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: Alameda Police Department 1555 Oak Street Alameda, CA 94501 Attention: Services Lieutenant All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: A & B Company, Inc. 8717 G Street Oakland, CA 94621 15. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by . Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each -party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 16. COST OF LITIGATION: If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the Court may adjudge to be reasonable, including attorneys' fees. 17. COMPLIANCES: Contractor shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 18. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California. 19. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 20. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 21. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 22. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. 23. FORCE MAJEURE: Neither party shall be liable for default or delay cause by any occurrence beyond its reasonable control, including but not limited to fires, strikes, accidents, or acts of God. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR A & B Company CITY OF ALAMEDA A Municipal Corporation By: Debra Kurita City Manager RECOMMENDED FOR APPROVAL Craig L. (61jala Interim Police Chief APPROVED AS TO FORM: City Attorney - -2) onna Mooney Deputy City Attorney EXHIBIT A MSP 9 -01 -2 SCOPE OF WORK: Contractor shall provide twenty -four (24) hour tow services, on call as directed by the City of Alameda Police Department. Contractor shall provide indoor and outdoor secure storage for towed vehicles as explained later in this specification. Contractor and his /her operators shall cooperate with and assist Police Department representatives in removing hazards and /or vehicles as directed by the Police Officer at the scene. The Contractor will assist in obtaining vehicle identification numbers, motor numbers or other identifying information as requested. QUANTITY OF WORK: The City makes no guarantee whatsoever, expressed or implied as to the number of tows which the Police Department shall request during the contract period. With the exception of aborted tows and services performed on City owned vehicles, the City of Alameda shall not be liable for any charge or charges for towing or any other allied service unless expressly agreed to in written form by the Chief of Police and /or his /her representative. It being expressly understood and agreed that the Contractor shall make all charges to the owner or owners of the vehicles to which the service is rendered. • ASSIGNABILITY: Any assignment of this contract without the prior written consent of the City shall be void. SUBCONTRACTORS: The Contractor shall perform all functions of this contract award without the use of sub- contractors INSPECTIONS: The City reserves the right to periodically inspect the Contractor's storage facilities, have vehicles towed and stored by the Contractor at no charge for the purpose of observing the conduct of the Contractor's employees towards the public, and to evaluate procedures to guard against theft or damage to towed vehicles exercised by the Contractor. CHARGES FOR SERVICES: Except as herein provided, the Contractor shall not make any other charge unless specifically authorized by the vehicle owner or his /her authorized representative. In addition, no charge will be made by the Contractor if the vehicle to be towed is removed prior to the arrival of the towing truck. If, however, the tow truck has arrived, the owner of the vehicle will be subject to a service charge as described under the definition for an aborted tow, in lieu of the towing charge when the vehicle is not towed to the storage area. All police initiated tows shall be charged at the basic tow rate as indicated below: The method for calculating time begins when the driver arrives at the scene and ends when the driver leaves with the towed vehicle. A. TOWING CHARGES Rate For Normal Tows: 1. The rate for towing of any vehicles requiring one hour or less from time of arrival of tow truck until tow truck moved with vehicle in tow is $110.00 2. The rate for towing services requiring more than one hour at the site of the tow, prorated in 15 minute intervals after the first one hour period is $30.00 B. RATE FOR HEAVY EQUIPMENT OR COMPLICATED TOWS: Equipment charges shall be based on the size of equipment required to perform the work. The successful bidder may substitute heavy equipment to perform a normal tow at the normal equipment tow rate. 1. The rate for tows requiring use of a heavy tow truck or more than one tow truck, towing any vehicle requiring one hour or less from time of arrival of tow truck(s) until tow truck(s) move with vehicle in tow is $250.00 2. The rate for the above, but for towing services requiring more than one hour at the site of the tow prorated in 15 minute intervals after the first one hour period is $75.00 ABORTED TOWS: The service charge for an Aborted tow is $40.00 STORAGE CHARGES: Storage charges for each licensed vehicle shall be $36.00 for the first twenty -four (24) period with a minimum one day charge. Additional hours beyond 24 hours will be charged at $36.00 per 20' stall. ABORTED TOWS: An aborted tow is defined as a police tow where a tow truck is dispatched but no tow is made. In the event that a police tow is .dispatched but no tow is made (an Aborted Tow), the Contractor will be allowed to collect a service charge in lieu of the towing charge from the vehicle owner or owners. If the Contractor is unable to collect the aborted tow service charge from the vehicle owner or owners, the Contractor may submit billing to the City of Alameda, together with assignment to attempt to collect for the charges. Such billing and assignment to the City must be made within a maximum period of One Hundred Eighty (180) days from the date of the aborted tow service, but in any case the Contractor is required to make every effort to collect from the vehicle owner and the billing and assignment to the City will follow only after a minimum of One Hundred Twenty (120) day collection period effort by the Contractor computed from the date of the aborted tow service. In addition, billing and assignment of attempt to collect to the City will be allowed only after it is shown that the tow truck responded to the original call within the minimum response time as shown in this specification. Where the initial response time is longer than the minimum response time, no billing or assignment to the City will be allowed. RESPONSE TIME: Contractor shall dispatch equipment and personnel to arrive at the location prescribed by the Police Department within an average of twenty -four hours from receipt of order from the Police Department. Average response time will be measured over time. The Contractor will be evaluated periodically and advised of the results. STORAGE: All vehicles which are Police Tows may be stored in an outdoor facility which must be fenced and protected from unauthorized entry. The fencing shall provide security and be of a type to provide adequate screening so as to not present an unsightly appearance. 24 HOUR OPERATION AND PUBLIC ACCESSIBILITY: Contractor shall be required to have facilities available to the public for removal of towed vehicles on a 24 -hour basis and the Contractor shall post all of the following information conspicuously at all office locations open to the public: A. Schedule of fees authorized by this contract. B. Notice that copies of the contract and specifications are available at the offices of the tow contractor for public inspection by any interested party. C. Check cashing and credit card policy of the contractor. D. Notice of 24 -hour operation, open to the public., PROTECTION OF VEHICLE CONTENTS: Contractor will, when assuming custody of a vehicle towed or stored by Police order, inventory the contents of the vehicle including property in the unlocked storage compartments. This inventory will be made jointly by the Contractor's operator and the Police Officer ordering the tow or storage and shall be on forms approved by the Chief of Police and shall, in addition, certify that any seals affixed by the Police Department are intact. Notation will be made of any locked compartment. By signature on this inventory, the Contractor acknowledges acceptance of legal responsibility through the action of his /her employees, or him /herself for the safe and proper tow and storage of the vehicle and for the security of the inventoried personal property. RELEASE OF TOWED VEHICLES: The Contractor shall have one telephone number that the public or Police Department may call for information on vehicles towed pursuant to this contract. Contractor's personnel answering such telephones shall be courteous and provide complete information regarding the location of the vehicle and method of obtaining its release, including directions to the location to effect the release, documentation required, charges to be paid and terms of payment. Sufficient telephone lines, equipment and personnel shall be employed to provide public services without unreasonable delay. The Contractor will follow the guidelines for releasing stored vehicles as stated below: A. Claimants shall be required to provide evidence satisfactory to the tow firm representative that they are entitled to receive the vehicle. They must have a copy of a vehicle release from the Alameda Police Department. Responsibility for release of the vehicle to a person without such evidence devolves fully on the Contractor. When necessary, the Police Department will provide the Contractor with reasonable assistance in verifying vehicle registration information, except those vehicles towed as abandoned during the normal course of performance under this contract. B. When the Contractor's representative is satisfied that the requester is entitled to the vehicle, the fees provided in this contract award shall be collected and the requester promptly provided possession of the vehicle. If the vehicle is stored at a location other than the one where the fees are paid, transportation to the vehicle will be provided by the Contractor without any charge and in reasonable length of time. If transported in a tow truck, Contractor shall take reasonable precautions to avoid any inconvenience and /or soiling of the customers garment. C. Police Evidence Holds: In the event the towed vehicle has been identified as a Police Evidence Hold, the vehicle will not be released by the Contractor without written authorization from the Police Department. During the period that the hold is in effect, no charges for storage shall be made to the City or owner of the vehicle for 48 hours. The City will pay storage charges in excess of 48 hours at the rate of $10.00 per day of storage. After the Evidence Hold is removed, the storage rate will begin at the full rate. REPAIR OR ALTERATION OF VEHICLES: Contractor shall not make any repairs or alterations to any vehicle without the express authorization of the registered or legal owner, and the owner's insurance carrier. Contractor may make only emergency alterations in order to tow the vehicle; however, no charge may be made to the owner of the vehicle. TWO -WAY RADIO COMMUNICATIONS EQUIPMENT: Each tow truck shall be equipped with equipment capable of communications between the Contractor's dispatching office and the tow truck. ERROR OR OMISSIONS: When any vehicle has been ordered towed by the Police Department and it appears that the tow was in error through a mistake of fact, the Contractor shall release the vehicle to the owner at no cost to,the owner. In the event of a clerical error or oversight on the part of the Police Department wherein a vehicle is stored for a period longer than it should have been, the Contractor shall release the vehicle to the owner at no storage cost for such excess storage period. In the above cases, if the tow or excess storage charges resulted from an error of the Alameda Police through a mistake of fact or a clerical error the Contractor may charge the City at the rate of 50% of the towing and 50% of the storage _charges per day of storage beyond the owner's responsibility. Provided, however, that if the circumstances were beyond the control of the Police Department, neither the City nor the owner shall be liable for such charges. The Chief of Police and /or his /her designee shall make the determination as to errors or mistakes of fact and shall notify the Contractor in writing. ADMINISTRATION OF CONTRACT: The administration of the contract, after award, is assigned to the Police Department. Any appeals of decisions made by the Chief of Police may be made to the City Manager of the City of Alameda ten (10) days of the determination by the Chief of Police. Any appeals of decisions made after this ten (10) day period shall be deemed null and void. Any decision by the City Manager for the City of Alameda shall be final and without further appeal. CITY OF ALAMEDA MEMORANDUM Date: October 5, 2005 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Approval and Adoption of Disadvantaged Business Enterprise Program Overall Annual Goal of 11% for Federal Fiscal Year 2005/06 BACKGROUND The City of Alameda is required to develop and submit a Disadvantaged Business Enterprise Program Overall Annual Goal (DBE Goal) as a condition of receiving funding assistance from the United States Department of Transportation (DOT). The DBE program encourages the active solicitation of minority businesses to compete for public contract dollars. The City hired Padilla & Associates, specialists in the DBE program, to assist the City in developing the DBE Goal for Federal Fiscal Year (FFY) 2005/2006. DISCUSSION The DBE Goal is updated annually to maintain relevancy to local market conditions and factors impacting Disadvantaged Business Enterprise availability of qualifying businesses. In accordance with federal requirements of Title 49 CFR Part 26, the City has determined a DBE Goal of 11% should be established for FFY 2005/2006. The DBE Goal for FFY 2004/2005 was 11%, and the City was able to attain 11.17 %. Following Council's approval, staff will submit the adopted DBE Goal to Caltrans for their final review. BUDGET CONSIDERATION/FINANCIAL IMPACT City Council approval and adoption of the DBE Goal for FFY 2005/2006 is required to ensure compliance with DOT federal funding requirements, provisions and financial responsibilities. Failure to do so will directly jeopardize the City of Alameda's federal financial assistance. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action will not affect the Municipal Code. Dedicated to Excellence, Committed to Service Re: Reso 4 -E 10 -18 -05 Honorable Mayor and Councilmembers RECOMMENDATION Page 2 October 5, 2005 It is recommended that the City Council adopt a resolution approving a Disadvantaged Business Enterprise Program Overall Annual Goal of 11% for Federal Fiscal Year 2005/2006. Respect lly submitted, Matthew T. Naclerio Public Works Director Margaret A. McLean Acting Public Works Coordinator MTN:MAM:gc G: \pu bworks \pwadmin \COUNC IL\2005 \101805Sdbefinal.doc Dedicated to Excellence, Committed to Service CITY OF ALAMEDA RESOLUTION NO. APPROVING AND ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM OVERALL ANNUAL GOAL OF 11% FOR FEDERAL FISCAL YEAR 2005/2006 WHEREAS, the City of Alameda is required to develop and submit a Disadvantaged Business Enterprise Program Overall Annual Goal (DBE Goal) for participation in DOT - assisted contracts, as a condition of federal financial assistance, pursuant to Title 49 CFR Part 26; Participation by Disadvantaged Business Enterprises in U.S. Department of Transportation (DOT) Programs; and cc WHEREAS, in accordance with new Disadvantaged Business Enterprise regulations, the City of Alameda has developed a narrowly tailored DBE Goal of 11% for Federal Fiscal Year 2005/2006; WHEREAS, City Council adoption is required to ensure compliance with DOT federal funding requirements, provisions and financial responsibilities; and BE IT FURTHER RESOLVED, that the Mayor of the City of Alameda does hereby resolve the approval and adoption of the DBE Goal for Federal Fiscal Year 2006, and submission to the California Department of Transportation (Caltrans), on behalf of the City of Alameda, for final approval. 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 18th day of October 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of October 2005. Lara Weisiger, City Clerk City of Alameda Re: # 4 -E 10 -18 -05 CITY OF ALAMEDA RESOLUTION NO. APPOINTING AVONNET M. PEELER AS A MEMBER OF THE CITY CIVIL SERVICE BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the provisions of Article X of the Charter of the City of Alameda, and upon nomination of the Mayor, AVONNET M. PEELER is hereby appointed to the office of member of the Civil Service Board of the City of Alameda for the term commencing on October 18, 2005 and expiring on June 30, 2009, and to serve until her successor is appointed and qualified. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the day of , 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of , 2005. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 10 -18 -05 CITY OF ALAMEDA RESOLUTION NO. APPOINTING AUDREY LORD - HAUSMAN AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -17.2 of the Alameda Municipal Code and Ordinance No. 2931, and upon nomination of the Mayor, AUDREY LORD - HAUSMAN is hereby appointed to the office of member of the Commission on Disability Issues of the City of Alameda to fill the unexpired term of Elaine McCoy for a term commencing on October 18, 2005 and expiring on June 30, 2009, and to serve until her successor is appointed and qualified. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2005, 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 , 2005. Lara Weisiger, City Clerk City of Alameda 0 u. 0 cn ca CITY OF ALAMEDA RESOLUTION NO. APPOINTING JANET W. IVERSON AS A MEMBER OF THE CITY HISTORICAL ADVISORY BOARD w (LANDSCAPE ARCHITECT, ARCHITECT, BUILDING DESIGN SEAT) z cc BE IT RESOLVED by the Council of the City of Alameda that pursuant to the provisions of Article X of the Charter of the City of Alameda, and upon cv nomination of the Mayor, JANET W. IVERSON is hereby appointed to the office of member of the Historical Advisory Board (Landscape Architect, Architect, Building Design seat) of the City of Alameda for the term commencing October 18, 2005 and expiring on June 30, 2009, and to serve until her successor is appointed and qualified. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of , 2005, 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 , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA MEMORANDUM Date: October 13, 2005 To: Honorable Mayor and Councilmembers From: Debra Kurita City Manager Re: Approve the Proposed Change in Roof Color for the Alameda Free Library - New Main Library Project, No. P.W. 01 -03 -01 BACKGROUND On November 3, 2004 the City Council approved $3.76 million in value engineering changes for the New Main Library. Among those alternatives was a change in the roofing system from copper to painted metal in a color similar to verdigris copper. On September 28, 2005 the Architect, Thomas Hacker Architects, Inc. recommended a change in the roof color from verdigris green to pewter gray. On October 11, 2005 the proposed change was presented to the Library Building Team (LBT). DISCUSSION The sheet metal roofing system currently in the project has a substrate of 24 gage galvalume steel that is warranted for 20 years. Galvalume is a coating system which is composed of 45% zinc and 55% aluminum providing the corrosion resistance of aluminum. The finish coating is made of a premium fluorocarbon coating utilizing Kynar 500 and Hylar 5000 coating technology that is also warranted for 20 years. The paint colors have been formulated to help reduce heat consumption of the building resulting in less demand on the mechanical system. The recycled content of the sheet metal roofing system will contribute to meeting the LEED credit for recycled content of building materials. Although the LBT prefers a return to the originally specified copper roofing the financial and scheduling constraints precludes that option at this time. Therefore, the LBT discussed and by consensus adopted the Architect's proposal for the change in roof color from verdigris green to pewter gray. BUDGET CONSIDERATION /FINANCIAL IMPACT There is no impact upon the budget from this proposed change if we provide direction to the Architect and Contractor by October 19, 2005. Dedicated to Excellence, Committed to Service Report 5 -B 10 -18 -05 Honorable Mayor and Page 2 Councilmembers October 13, 2005 MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. ENVIRONMENTAL REVIEW This action does not affect the Environmental Review. RECOMMENDATION Approve the proposed change in roof color for the Alameda Free Library - New Main Library Project, No. P.W. 01- 03 -01. Respec Ily subm Robert G. Haun Project Manager RGH:ms cc: Library Director O:\Library_Proj ect \ LIBRARY \Council \101805\roof change.doc Dedicated to Excellence, Committed to Service CITY OF ALAMEDA MEMORANDUM To: Honorable Mayor And Councilmembers From: Debra Kurita City Manager Date: October 12, 2005 Re: Recommendation to authorize payment for and ratification of an open market purchase from Leader Industries of an ambulance in the amount of $142,743.35. (Requires four affirmative votes) BACKGROUND To support the operation of the paramedic services program, the City currently maintains a fleet of three front -line ambulances with an additional three vehicles in reserve. The 2005 -2006 fiscal year budget included the replacement of one of the front -line ambulances. The subject action authorizes the payment and ratifies the purchase of this replacement vehicle. DISCUSSION /ANALYSIS In 2000, when the paramedic program was enhanced to provide advanced life support services, the Fire Department, in conjunction with the Fleet Manager, performed extensive research to determine the specifications for the vehicle which would best accommodate the new requirements. As a result of this analysis and after an informal bid process, the City Council approved the purchase of the ambulance manufactured by Horton Company. Since that initial purchase, the City has found that the Horton vehicles are effective and reliable; these vehicles generally require only routine maintenance and rarely experience mechanical problems. Further, by standardizing the model and manufacturer of these vehicles, the efficiency and training requirements for the fleet operations are _optimized. Given these circumstances, the purchase of a Horton model vehicle to replace the third of the three front -line ambulances in the fleet was recommended. The subject action will authorize the payment and ratify the open market purchase of this vehicle. In processing this purchase, the Fire Department applied the same bid specifications, with minor modifications, as those approved by the Council in 2000. As the replacement of this ambulance was determined by the Fire Department to require immediate action, the Council may ratify this open market purchase pursuant to Section 3 -15 of the City Charter by a super - majority vote. However, any future addition to the ambulance fleet will be procured through a formal bid process. The acquisition of the new replacement vehicle will enhance the reliability of the fleet of ambulances that provide the transport service to the community. Report 5 -C 10 -18 -05 Honorable Mayor October 13, 2005 And Councilmembers Page 2 MUNICIPAL CODE /POLICY DOCUMENT CROSS RERERENCE This action does not affect the Municipal Code. IMPACTS BUDGET CONSIDERATIONS /FINANCIAL The total cost of the Ford Super Duty Horton 533 ambulance unit manufactured by Leader Industries is $142,743.35. These funds are available in the Equipment Replacement Fund and were appropriated in the Fiscal Year 05 -06 financial plan. RECOMMENDATION Authorize payment for and ratification of an open market purchase from Leader Industries of an ambulance in the amount of $142,743.35. (Requires four affirmative votes.) Respectfully submitted, ames Christiansen Fire Chief