2007-08-21 PacketCITYOFALAMEDA•CALIFORNIA
REVISED
SPECIAL, MEETING OF THE CITY COUNCIL
TUESDAY - - - AUGUST 21, 2007 - - - 6:30 p.m.
Time: Tuesday, August 21, 2007, 6 :30 p.m.
Place: Ci Council Chambers Conference Room, City Hall, corner
.......... ...... .... ......
of Santa Clara Avenue and Oak Street.
Agenda
1. Roll Call - City Council
2. Public Comment on Agenda Items Only
Anyone wishing to address the Council on agenda items only,
may speak for a maximum of 3 minutes per item
3. Adjournment to Closed Session to consider:
3 -A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (54953.9)
Name of Case: Harbor Bay Isle Associates v. City
of Alameda
3-B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b)
of Section 54956.9
Number of cases: One
4. Announcement of Action Taken in Closed Session, if any
5. Adjournment - City Council
Revised 8/20/07 9 :30 a.m.
evenly Mayor
CITYOFALAMEDA.CALJFQRNJA
IF YOU WISH TO ADDRESS THE COUNCIL:
1. Please file a speaker's slip with the Deputy City
Clerk and upon recognition by the Mayor, approach
the podium and state your name; speakers are
limited to three (3) minutes per item.
2. Lengthy testimony should be submitted in writing
and only a summary of pertinent points presented
verbally.
3. Applause and demonstration are prohibited during
Council meetings.
AGENDA REGULAR MEETING OF THE CITY COUNCIL
TUESDAY
AUGUST 21, 2007 -- - - - 7:30 P . M.
[Note: Regular Council Meeting convenes at 7:30 pm, City Hall,
Council Chaffers, 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 CITY COUNCIL 6:50 P.M.
CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
PLEDGE OF ALLEGIANCE
1. ROLL CALL - City Council
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
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 Regular City Council Meeting held on August 7,
2007. (City Clerk)
4 -B. Bills for ratification. (Finance)
4 -C. Recommendation to accept the Quarterly Investment Report for
period ending June 30, 2007. (Finance )
4 -D. Recommendation to accept the work of Vortex Marine
Construction, Inc., for the repair of the Main Street Ferry
Terminal Pier. (Public Works)
4 -E. Recommendation to award a Contract in the amount of $714,824,
including contingencies, to Power Engineering Contractors,
Inc., for the Grand Street Sewer Pump Station, No. P.W. 04-07 -
16. (Public Works)
4 -F. Recommendation to award Contract in an amount not to exceed
$98,000, including contingencies, to Moore, Icafano, Goltsman
Inc. to provide.Master Planning Services for the Alameda
Beltline property. (Recreation and Parks)
4 -G. Introduction of Ordinance Amending the Alameda Municipal Code
by Adding Section 2-19 (Youth Advisory Commission) to Article
II (Boards and Commissions) of Chapter II (Administration),
Establishing a Youth Advisory Commission and Prescribing
Membership and Duties of Said Commission. (Recreation and
Parks)
4 -H. Final Passage of Ordinance Authorizing the City Manager to
Execute a Lease of Vacant Properties at 2300 Alameda Avenue,
2304 Alameda Avenue, and 1224 Oak Street with Thompson
• Properties (Lessor) for a City Parking Lot. (Public Works)
4--I. Final Passage of Ordinance Amending the Community Improvement
Plan for the West End Community Improvement Project to Extend
Certain Plan Time Limitations by Two Years Pursuant to Senate
Bill 1096. (Development Services)
5. REGULAR AGENDA ITEMS
5 -A. Adoption of Resolutions Appointing Rod A. Arrants as a Member
of the Public Art Commission and Nielsen Tam as a Member of
the Transportation Commission (School District
Representative).
5 -B. Adoption of Resolution Supporting a Diplomatic Approach to
Ending the Iraq War and Bringing Our Troops Home.
5 -C. Public Hearing to consider an Appeal of a Planning Board
denial of Use Permit UP06 -0010 to extend the hours of
operation for fuel sales at the Alameda Valero Gas Station
located at 1310 Central Avenue within the R -4 Neighborhood
Residential Zoning District; and adoption of related
resolution. Appellant: L. Zektser and N. Saidian. (Planning
and Building)
5 -D. Introduction of Ordinance Amending the Alameda Municipal Code
by Amending Various Sections of Chapter II (Administration),
to Address the Transportation Commission's Purpose and
Authority, Repealing and Amending Various Sections of Chapter
VIII (Traffic, Motor Vehicles and Alternative Transportation
Modes), and Chapter XII (Designated Parking) to Reassign the
Powers and Duties of the "Technical Transportation Team" to
the Public Works Director and the Chief of Police, and Also
Designate the Transportation Commission as the Initial Hearing
Body for the Administration of Operational Issues Associated
with All City Transportation. (Public Works)
5 -E. Recommendation to authorize government delegation to Wuxi,
China to attend Sister City forum and designate the Mayor or
other members of the City Council to lead the delegation.
(Development Services)
6. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
Any person may address the Council in regard to any matter
over which the Council has jurisdiction or of which it may
take cognizance, that is not on the agenda
7. COUNCIL COMMUNICATIONS (Communications from Council)
Councilmembers can address any matter not on the agenda,
including reporting on any Conferences or meetings attended
8. ADJOURNMENT - City Council
• 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. •
UNAPPROVED
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY AUGUST 7, 2007 - - - - 7 :30 P.M.
Mayor Johnson convened the Regular City Council Meeting at 7:43
p.m. Mayor Johnson led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers deHaan, Matarrese, Tam, and
Mayor Johnson -- 4.
Absent: Councilmember Gilmore - 1.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(07- ) Presentation by East Bay Municipal Utility District on
water conservation.
Doug Linney, Ward 5 Representative, discussed East Bay Municipal
Utility District's perspective on the current water shortage in
California.
Vice Mayor Tam inquired whether the City could work with East Bay
Municipal Utility District on a more efficient irrigation system
for use at the Coast Guard facility.
Mr. Linney responded the issue would be reviewed.
Mayor Johnson stated there was a leaking fire hydrant at the former
Base; a lot of water is wasted from leaking hydrants and sprinkler
systems that do not function properly.
(07- ) Presentation of the Horace Carpentier Long Wharf Award
for the Bridgeside Center.
Doug Siden, East Bay Regional Park District, and Sandra Thelfel,
Waterfront Action Executive Director, presented the Horace
Carpentier Long Wharf Award.
Mayor Johnson stated that the City is honored to receive the Award;
both sides of the Estuary need to work on improving access to the
Estuary; she appreciates the improvements made on the Oakland side;
the Alameda Landing project will open a large section of the
Estuary to the public; Chuck Foster stated that the Estuary will
Regular Meeting
Alameda City Council
August 7, 2007
1
become the Rivera of the Bay Area.
CONSENT CALENDAR
Mayor Johnson announced that the Minutes [paragraph no. 07- ],
recommendation to adopt Plans and Specifications [paragraph no. 07-
], Introduction of Ordinance Authorizing the City Manager to
Execute a Lease [paragraph no. 07- ], and Final Passage of
Ordinance [paragraph no. 07- ] were removed from the Consent
Calendar for discussion.
Councilmember Matarrese moved approval of the remainder of the
Consent Calendar.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Gilmore - 1] [Items so
enacted or adopted are indicated by an asterisk preceding the
paragraph number.]
(07- ) Minutes of the Special and Regular City Council Meetings
held on July 17, 2007.
Councilmember deHaan moved approval of the minutes with the
following corrections to Page 17 and 18:... "Bay Ship and Yacht has
completed a dry dock for a controlled environment for said
activity" and ... "he would like to have said matter included in the
big box discussions."
Councilmember Matarrese seconded the motion, which carried by the
following voice vote: Ayes: Councilmember deHaan, Councilmember
Matarrese, Vice Mayor Tam, and Mayor Johnson - 4 /Absent:
Councilmember Gilmore - 1.
( *07- ) Ratified bills in the amount of $8,621,980.23.
( *07- ) Recommendation to accept the work of Regency Centers for
the repair to public drainage facilities in coordination with
construction of the Bridgeside Shopping Center improvements.
Accepted.
(07- ) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for Grand Street Bridge and Ballena
Boulevard bridge repair and resurfacing, No. P.W. 11- 06 -24.
Councilmember deHaan stated that the Grand Street bridge has no
structural impact other than the guardrail; inquired whether the
guardrail would be included in the scope of work.
Regular Meeting
Alameda City Council
August 7, 2007
2
The Public Works Director responded in the affirmative; stated work
would include preventative maintenance of exposed concrete.
Councilmember deHaan stated newspaper articles have addressed the
current situation with the Minneapolis bridges; requested
information on the condition of Alameda bridges and the Tube.
The Public Works Director stated Alameda bridges and the Tube are
not unsafe; CalTrans completed the Webster Street and Posey Tube
retrofitting in 2003; the retrofitting brought both tubes to a "no
collapse" standard, which means that the tubes would not collapse
in the event of an 8.0 earthquake on the Hayward Fault; service is
not guaranteed; the Park Street, Fruitvale Avenue and High Street
bridges are maintained by the County; retrofitting is anticipated
to be completed by the end of 2009; efforts are being made to
secure funding for a lifeline for the Fruitvale Avenue bridge; the
Bay Farm Island bridge was retrofitted by the State in 1998;
currently, the Ballena Boulevard bridge is being seismically
retrofitted; a federal grant is providing 90% fun ding; hopefully, a
State grant will provide the other 1O%.
Councilmember deHaan stated that he is concerned that the bridges
and the Tube might not be the City's lifeline and would not provide
a connection to the mainland, Oakland and the rest of the East Bay.
Vice Mayor Tam requested clarification on: 1) the process that
CalTrans uses to rate a bridge deficient, 2) the ratings of the
Park Street, Fruitvale Avenue, and High Street bridges, and 3)the
frequency of bridge inspections.
The Public Works Director responded the bridges are inspected every
two years; stated the rating is based on several different factors;
the High Street Bridge is rated 46.4 on a rating of one to a
hundred.
Vice Mayor Tam inquired whether below 50 is deficient.
The Public Works Director responded below 50 is considered
structurally deficient but does not mean the bridge is unsafe to
travel; stated Alameda bridges score low because detour length is
one of the major rating indices; decking, approach, and lane width
are considered; structurally, the High Street bridge is in very
good condition.
Vice Mayor Tam inquired whether the foundation is inspected, to
which the Public Works Director responded in the affirmative.
Mayor Johnson inquired what is the rating for the other bridges.
Regular Meeting 3
Alameda City Council
August 7, 2007
The Public Works Director responded the Park Street bridge is
67.8, the Fruitvale Avenue bridge is 68.6, and the Grand Street
bridge is 93.6.
Mayor Johnson inquired whether the bridges are structurally
similar.
The Public Works Director responded that he would research the
issue.
Mayor Johnson stated that the matter should continually be
reviewed; California is making investments in infrastructure;
people need to understand the consequences of neglecting
infrastructure; inquired whether improvements would include making
the Grand Street bridge more attractive over the water.
The Public Works Director responded the railing would be replaced;
stated one bid would be for replacing the railing in kind, which
would require keeping the cyclone fence; another bid would be for a
higher railing, which would allow the cyclone fence to be removed.
Mayor Johnson stated that some Oakland bridges are much more
attractive [than Alameda's]; railings should be safe but also
attractive; the public should be able to view the waterways.
Councilmember Matarrese stated the 112th Street Dam in Oakland has
the same railing height as the Grand Street bridge but does not
have a cyclone fence; requested a report on bridge ratings for
structural integrity and what needs to be done to ensure Alameda
bridges are structurally sound.
Mayor Johnson requested that landscaping be reviewed to ensure that
lagoon views are not blocked.
Councilmember deHaan moved approval of the staff recommendation.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Counci lmember Gilmore --- 1]
( *07- ). Resolution No. 14138, "Authorizing the City's
Participation in the 211 Program and Appropriating $25,000 for
Fiscal Year 2007 - 2008." Adopted.
(07- ) Introduction of Ordinance Authorizing the City Manager to
Execute a Lease of Vacant Properties at 2300 Alameda Avenue, 2304
Alameda Avenue, and 1224 Oak Street with Thompson Properties
Regular Meeting
Alameda City Council
August 7, 2007
4
(Lessor) for a City Parking Lot. Introduced.
Councilmember deHaan inquired whether additional parking space
access is being considered.
The Development Services Director responded the parking study would
make a lot of different recommendations; stated parking is an issue
of quantity and more importantly, location.
Councilmember deHaan inquired whether monthly parking would be
available, to which the Development Services Director responded in
the affirmative.
Councilmember deHaan inquired whether the Park Street Business
Association (PSBA) would perform the coordination.
The Development Services Director responded that PSBA would
coordinate and manage the parking lot.
Mayor Johnson inquired whether twelve parking spaces would be
added, to which the Development Services Director responded in the
affirmative.
Councilmember deHaan inquired what would be the fee per space, to
which the Development Services Director responded $80.
Councilmember deHaan inquired whether $80 would cover costs, to
which the Development Services Director responded in the
affirmative.
Councilmember Matarrese inquired whether tandem parking was
considered.
The Public Works Coordinator responded in the negative; stated
tandem parking would not work in the lot.
Councilmember Matarrese stated tandem parking should be considered
to increase the number of spaces.
Councilmember deHaan inquired whether the parking lot surface is
adequate.
The Public Works Coordinator responded not at this moment.
Robb Ratto, PSBA, stated twelve people have been identified to
sign a one -year contract with PSBA for a designated parking space
at $80 per month; the lot would be surveyed; thirteen spaces would
generate $1,040 per month and would cover the monthly cost in
Regular Meeting 5
Alameda City Council
August 7, 2007
addition to paying PSBA $40 for administration; $960 would be
generated from twelve spaces; PSBA Board of Directors approved
covering the remaining $40 per month; the issue can reviewed after
a year.
Mayor Johnson inquired whether the spaces would be available to the
public in the evenings and weekends.
Mr. Ratto responded in the negative; stated most businesses are
open seven days per week; Lots A and C do not guarantee a space;
PSBA would pay for new signage indicating that the lot is a
permitted lot.
Councilmember deHaan moved introduction of the ordinance.
Vice Mayor Tam seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Gilmore - 1]
( *07- )_ Introduction of Ordinance Amending the Community
Improvement Plan for the West End Community Improvement Project to
Extend Certain Plan Time Limitations by Two Years Pursuant to
Senate Bill 1096. Introduced.
(07- ) Ordinance No. 2968, "Amending the Alameda Municipal Code
by Amending Subsection 13-2.2(e) (Modifications, Amendments and
Deletions to the California Building Code) of Section 13 -2 (Alameda
Building Code) of Chapter XIII (Building and Housing) to
Incorporate Specific Requirements for the Installation of Fire
Extinguishing Systems." Finally passed.
Steven Edrington, Rental Housing Association of Northern Alameda
County, stated the Association supports the ordinance; the Oakland
Municipal Code waives the sprinkler requirement if a hydrant is
moved closer to the proximity of the building.
Vice Mayor Tam moved final passage of the ordinance.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Gilmore - 1]
REGULAR AGENDA ITEMS
(07- ) Public Hearing to consider an appeal of a Planning Board
approval of Planned Development Amendment PDA05 -0001, Major Design
Review DR05 -0010, and Use Permits UP06 -0003 and UP06 -0013 allowing
the demolition of an existing bank building and redevelopment of
the property with a twenty -four hour gas station located at 2234
Otis Drive. The property is located within a Central Business and
Regular Meeting 6
Alameda City Council
August 7, 2007
Planned Development overlay zoning district (C- 2 -PD); and
(07- A) Resolution No. 14139, "Denying the Appeal and Upholding
the Planning Board's Approval of Planned Development Amendment
PDA05 -0001, Major Design Review DR05 -0010, and Use Permits UP06-
0003 and UP06- 0014." Adopted.
The Supervising Planner gave a brief presentation.
Mayor Johnson opened the public portion of the hearing.
Proponents (In favor of Appeal) : Debra L. Banks, Alameda (submitted
handout) .
Opponents (Not in favor of Appeal) : Deborah Kartiganer, Cassidy,
Shimko, Dawson, Kawakami; Mike Corbitt, Alameda Towne Centre.
There being no further speakers, Mayor Johnson closed the public
portion of the hearing.
Mayor Johnson stated the public is concerned with the loss of the
Chevron Gas Station at the former South Shore Center; the Planning
Board requested that a gas station be located at the Alameda Towne
Centre; previously, four different gas stations were located at the
former South Shore Center.
Councilmember deHaan stated the highest retail leakage has come
from the loss of gas and service stations; the proposed gas station
is similar to the Nob Hill high - volume, discount gas station; the
public is concerned with the Otis Street corridor; Alameda Towne
Center is approximately 60% full and would be impacted further as
the Town Centre grows; a mitigation requirement addressed
installation of a signal at a future date; the location is not the
best for the future; the intersection would become very active; the
Otis Street corridor serves the shopping center and traffic through
the island; he understands the community's continued concern; he is
not happy with the location; the number of tankers has not been
confirmed; larger tanks should be considered.
Councilmember Matarrese stated Safeway provided a range for tanker
movement; inquired whether said range changed.
Todd Paradise, Safeway Real Estate Manager , Fuel Center Northern
California Division, responded strategy is consistent across all
markets; stated options include street pricing and a three cent
[per gallon] discount for card holders; one delivery is expected
per day; the conditions of approval limit the delivery time.
Regular Meeting
Alameda City Council
August 7, 2007
7
Councilmember deHaan inquired whether tank capacity can be
increased.
Mr. Paradise responded the proposed site would be a blending site;
stated blending would be done at the pump.
Councilmember deHaan inquired whether it would be fair to say that
the proposed site would be a high - volume discount station, to which
Mr. Paradise responded in the negative.
Councilmember deHaan inquired whether the proposed station would be
similar to the Nob Hill station.
Mr. Paradise responded that he is not aware of the average volume
for Nob Hill stations; stated he thinks of Costco in terms of a
high - volume gas station; the current Nob Hill pricing is most
likely promotional.
Councilmember deHaan inquired how many tankers are delivered to the
Dublin Safeway gas station.
Mr. Paradise responded said station could have one and a half to
two deliveries per day.
Councilmember deHaan inquired whether the proposed gas station
would go over one tanker per day.
Mr. Paradise responded marketing research indicates the station
would receive one tanker per day.
Councilmember deHaan requested verification on the delivery hours.
Deborah Kartiganer, Cassidy, Shimko, Dawson, Kawakami, stated the
conditions of approval state that Safeway would not have trucks
delivered to the site between 7:00 a.m. and 9:00 a.m. and 4:00 p.m.
to 6:00 p.m. during the weekdays and between 11:30 a.m. and 1:30
p.m. on weekends.
Councilmember deHaan inquired when trucks are moved normally.
Mr. Paradise responded trucks are moved twenty -four hours per day;
stated a load of fuel only leaves a terminal full for safety
reasons; larger tanks provide a greater window [for delivery].
Councilmember deHaan inquired whether one of the mitigating factors
was to signal the intersection.
The Supervising Planner responded in the affirmative; stated a
Regular Meeting 8
Alameda City Council
August 7, 2007
traffic signal would be installed at the Trader Joe's driveway into
the shopping center; the exit would be right turn only from the gas
station onto Otis Drive; a mitigation measure requires monitoring
of traffic flow for three to five years; the Applicant would need
to turn traffic into a one -way flow through the gas station from
the shopping center and back out to Otis Drive if there is a
problem with cars backing out into Otis Drive and interfering with
traffic; Omni Means felt that the driveway would flow fine without
vehicles cueing out into Otis Drive.
Councilmember deHaan inquired what would be the cost for a signal
at the intersection, to which the Supervising Planner responded
approximately $300,000 to $350,000.
Councilmember deHaan inquired whether Safeway would be contributing
to the funding.
The Supervising Planner responded Safeway's contribution would be
based on the pro -rated share of traffic going through the
intersection; stated the amount would depend on build out.
Councilmember deHaan inquired whether said contribution is in the
agreement.
The Supervising Planner responded in the affirmative; stated the
pro rated contribution is approximately 100 of the total trips at
the intersection.
Councilmember deHaan inquired whether the rest [of the funding]
would be contributed by the shopping center.
The Supervising Planner responded the shopping center is not
required to contribute anything at this point; stated Safeway would
contribute to the traffic signal cost if expansion is approved.
* **
Vice Mayor Tam left the dias at 9 :02 p.m. and returned at 9:04 p.m.
* **
Mayor Johnson inquired whether allocations were set.
The Supervising Planner responded a new traffic signal was required
at the corner of Otis Drive and Park Street in 2003 when the
proposed shopping center expansion went through the Planning Board;
stated the shopping center contributed whatever their portion was
at that time.
Councilmember deHaan inquired whether said requirement was in
Regular Meeting 9
Alameda City Council
August 7, 2007
writing; stated the requirement would be triggered when the
threshold is met because of the gas station or the shopping center
regardless of the additional square footage.
The Supervising Planner responded the traffic study looked at all
three scenarios; stated the left turn movement out of the shopping
center onto Otis Drive during rush hour would fail the threshold
using the City's threshold of significance under cumulative
conditions in 2025; the gas station would be contributing to a
significant impact at the intersection.
Councilmember Matarrese inquired whether the project [Safeway Gas
Station] would require a signal without consideration of future
expansion.
The Supervising Planner responded the threshold would be triggered
within the next twenty years when the project is considered with
other projects have been approved but not built, including the
112,000 square foot shopping center expansion approved by the
Planning Board a couple of years ago, other projects such as the
Chinese Christian School, and population growth of a half a percent
per year; stated the threshold would not be met with the project
[Safeway Gas Station] alone.
Councilmember Matarrese stated that new information has not been
provided since the last Call for Review; bio- diesel would be
available; different fueling options will need to be considered in
the next twenty years; the developer has done a great job in
bringing quality stores to Alameda Towne Center; the proposed site
is preferable to the previous gas station location.
Councilmember Matarrese moved adoption of the resolution denying
the Appeal and Upholding the Planning Board's Approval of Planned
Development Amendment PDA05 -0001, Major Design Review DR05 -0010,
and Use Permits UP06 --0003 and UP06 -0014.
Mayor Johnson stated that she is not aware of another gas station
that provides bio- diesel in Alameda; many people are enthusiastic
about the gas station.
Vice Mayor Tam seconded the motion.
Under discussion, Vice Mayor Tam stated that she is very
comfortable with the Planning Board's and community's thorough
vetting of conditions placed on the project; the gas station would
be an asset to the neighborhood; the City Council received a
petition with 3,000 signatures supporting the replacement of a gas
Regular Meeting
Alameda City Council
August 7, 2007
10
station in 2002 and 2003.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmember Matarrese, Vice Mayor Tam, and
Mayor Johnson - 3. Abstentions: Councilmember deHaan - 1. [Absent:
Councilmember Gilmore - 1]
(07- ) Recommendation to approve the second amendment to the
Contract for the use of HOME Funds between Alameda Development
Corporation and the City of Alameda for Buena Vista Commons.
The Development Services Director gave a brief presentation.
Mayor Johnson inquired whether a construction schedule has been
developed.
The Development Services Director responded construction would
start within two weeks.
Mayor Johnson inquired when completion would be anticipated.
The Development Services Director responded twelve months; stated
Alameda Development Corporation's (ADC's) portion would be
completed sooner.
Mayor Johnson inquired whether milestones have been established for
the sweat equity portion.
The Development Services Director responded Habitat for Humanities
has screened the property owners; stated announcements would be
sent out to engage the community's help to build the homes.
Councilmember Matarrese inquired whether Bob Haun would be managing
the schedule for Habitat for Humanities and ADC.
The Development Services Director responded the general contractor
is Habitat for Humanities; stated Mr. Haun would help in overseeing
the project.
Councilmember deHaan inquired when the land was acquired.
The Development Services Director responded money was given to ADC
to purchase the property in 2000.
Councilmember deHaan stated that the process has been long; Habitat
for Humanities made the project happen; the partnership is great;
inquired whether ADC could partner with Habitat for Humanities on
other projects.
Regular Meeting
Alameda City Council
August 7, 2007
11
The Development Services Director responded the City always looks
for future projects; stated the Community Improvement Commission
(CIC) housing funds are committed for the next five to seven years.
Dan Lachman, ADC Executive Director, stated all necessary
agreements have been completed between ADC and Habitat for
Humanities; the project has taken longer than expected;'Habitat for
Humanities would be playing the role of co-developer and general
contractor.
Councilmember deHaan inquired whether ownership guidelines have
been developed, to which Mr. Lachman responded in the negative.
Councilmember deHaan inquired whether Habitat for Humanities'
guidelines would be used.
Mr. Lachman responded Habitat for Humanities has selected four
households that would be involved in the self -help portion; ADC
would be selecting two moderate and two low - income buyers; a
lottery would be conducted.
Councilmember deHaan moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Gilmore - 1]
ORAL COMMUNICATIONS, NON- AGENDA
(07- ) Dylan Saloner, Alameda, stated that Alameda Point should
be developed as a car free community; more information can be
obtained on his website carfreepoint.net.
(07- ) Nancy Schlegel, Alameda, stated her trash bins are
blocked by recycling bins; requested help with the issue.
Mayor Johnson suggested that Ms. Schlegel contact the Public Works
Director.
COUNCIL COMMUNICATIONS (Communications from Council)
(07- ) Consideration of Mayor's nominations for appointment to
the Public Art Commission and Transportation Commission.
Mayor Johnson nominated Rod A. Arrants to the Public Art Commission
and Nielsen Tam to the Transportation Commission.
(07- ) Vice Mayor Tam stated that she attended League of
Regular Meeting 12
Alameda City Council
August 7, 2007
California Cities Executive Forum a couple of weeks ago; the League
is requesting opposition to Assembly Bill 414 because the Bill
requires that cities review fair share housing on non- residential
zoned land in a uniform way with no exceptions to community
uniqueness.
(07- ) Vice Mayor Tam stated she spoke to a Moraga City
Councilmember who works for CalTrans; the Moraga City Councilmember
suggested contacting the CalTrans Director to discuss the Webster
Street and Posey Tube lighting issue.
(07- ) Vice Mayor Tam stated that a lot of cities are looking
into Charter review; requested that staff provide Council with
guidelines and parameters for forming a Charter Review Committee;
the focus would be on cleaning up some of the language dating back
to 1930 addressing the Secret Police Fund, Council compensation,
meeting schedules, and the roll of the Public Utilities Board.
(07- ) Vice Mayor Tam stated that she wished to publicly
acknowledge the Friends of the Library and Library Foundation for
having an incredibly successful fundraiser for public art on
Sunday.
(07- ) Councilmember deHaan thanked the Planning and Building
Director for providing feedback on the notification process; stated
the guidelines are not adequate for Alameda Landing, the Northern
Waterfront, and Alameda Point; better public notification is
needed; requested feedback on additional ways to provide and expand
notification.
(07- ) Councilmember Matarrese stated that he received an email
from Congressman Stark's office regarding the Federal Drug
Administration lab at Harbor Bay Business Park; the Commissioner
has suspended immediate plans for closing the lab and consolidating
labs; Alameda needs to continue to express interest in keeping the
lab open and not consolidating labs because labs perform testing on
incoming agriculture; adequate pharmaceutical and food protection
is important because of the recent increase in the Far East
production of drug and food products without regulatory
infrastructure; continued lobbying efforts would be very helpful.
Mayor Johnson concurred with Councilmember Matarrese; stated things
come in from foreign countries that are not tested; problems are
not discovered until after the fact; foreign product testing should
be increased.
(07- ) Mayor Johnson stated that she attended the League of
California Cities summer training session; encouraged
Regular Meeting 13
Alameda City Council
August 7, 2007
Councilmembers to attend next year; stated Councilmember deHaan
attended also.
(07- ) Mayor Johnson inquired whether the Emergency Operations
Plan would be coming to Council in the spring.
The Assistant City Manager stated he thought the Plan would be
coming to Council next year; he will get the exact date.
Councilmember Matarrese requested that information be provided on
the rate limiting steps.
Mayor Johnson requested information on regional funding, how the
funding is used, and whether funding comes to Alameda.
(07- ) Councilmember deHaan stated Council should express thanks
for postponing the decision on the Harbor Bay Business Park lab;
the desire to retain the lab should be emphasized.
(07- ) Councilmember deHaan stated that the Tube lighting should
be completed by the end of the month.
The Assistant City Manager stated the first set of lights are
expected to go in this week.
Mayor Johnson stated that staff should keep on eye on the matter.
(07- ) Councilmember deHaan stated that he attended the League of
California Cities meeting; he took a side trip to Fort Ord with the
City Manager.
(07- ) Councilmember deHaan stated Alameda Towne Center removed
the recycling center for clothes; The Salvation Army and Goodwill
are still available; grocery stores should be mandated to have on-
site recycling if recycled materials are generated; suggested that
staff review the matter.
Mayor Johnson stated that the issue should be broadened to provide
the public with other recycling opportunities; staff should not be
limited to just looking at shopping centers for recycling.
Councilmember deHaan stated recycling is being discouraged.
Vice Mayor Tam stated recycled material can be placed in the blue
bins provided by Alameda County Industries (ACI).
Councilmember deHaan stated Alameda is not doing what should be
done [to provide recycling centers].
Regular Meeting 14
Alameda City Council
August 7, 2007
Mayor Johnson stated staff should not limit where to look [for
recycling center opportunities].
(07- ) Mayor Johnson requested that the Police Chief address the
animal shelter issue.
The Police Chief stated a number of inquiries have been received
regarding the animal shelter; animal welfare is the utmost
priority; opportunities have come up to review practices; a report
will be provided to Council within a month; a volunteer coordinator
has been instituted.
Mayor Johnson requested that the report include information on
listing animals on different pet adoption websites and walking
hours.
Vice Mayor Tam inquired what is the volunteer to dog ratio.
The Police Chief responded four dogs were involved at the time of
the animal shelter situation.
Vice Mayor Tam stated at one point the shelter had forty -three
volunteers for eight dogs.
Mayor Johnson stated a lot of animals were at the shelter when the
Naval Air Station closed; inquired whether the shelter has
experienced a significant decline in the number of animals at the
shelter.
The Police Chief responded information is still being gathered.
Mayor Johnson inquired whether said information would be included
in the report, to which the Police Chief responded in the
affirmative.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
Regular Meeting at 9:53 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
August 7, 2007
15
August 16, 2007
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 Amount
200419 - 201096 $3,599,437.92
Void Checks:
161314 ($8,485.00)
GRAND TOTAL
Respectfully submitted,
ifit
Pamela J. Sibley
Council Warrants 08/21/07
$3,590,952.92
BILLS #4 -B
8/21/2007
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 21, 2007
Re: Accept the Quarterly Investment Report for the Period Ending June 30, 2007
BACKGROUND
Each quarter the Investment Summary report is provided to the City Council. Attached is
the Investment Summary report for the quarter ended June 30, 2007.
DISCUSSION
The attached investment portfolio summary reflects the invested operating funds as well as
the various assessment district funds and trusteed bond funds. These investments have
been made in accordance with the provisions of the City's approved Investment
Guidelines. The City of Alameda's expenditure requirements for the next six months are
more than sufficiently covered by anticipated revenues from regular operations and liquidity
of current investments.
FINANCIAL IMPACT
As of June 30, 2007, the City has received 99.84 percent of the projected interest income
for the fiscal year.
RECOMMENDATION
Accept the Quarterly Investment Report for the period ending June 30, 2007.
Respectfully submitted,
le-Ann oyer
Chief Financial Officer
7
atz/L.A.._ q,
By: Laura Gwynne
Supervising Accountant
JAB:di
Attachments:
1. Investment Portfolio
2. Letter from City Treasurer
/-6P---L--
City Council
Agenda Item #4 -C
08 -21 -07
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I VERIFY THAT THIS INVESTMENT PORTFOLIO IS IN CONFORMITY WITH ALL STATE LAWS
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AND THE CITY TREASURER OF THE CITY OF ALAMEDA.
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Attachment 1 to
Agenda Item #4 -C
08 -21 -07
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MERRILL LYNCH & CO INC NOTE
FHLMC GOLD MBS POOL #M90791
1,346,906.40
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INVESTMENT PORTFOLIO FOR THE QUARTER ENDING JUNE 30, 2007
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r r r r r r r r r r r t"' r 'a--' t- r
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❑ ,- N r r r p r CO r r r
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DESCRIPTION
CD (n (n CD N- (0 CO (r) N- ti CD (0 CD (0 (n ([7 N. CO CO N- CO N- Z` N- ,
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❑ v v v v o v o o v Q ❑ ❑ ❑ ❑ v o v o v v o ❑ ❑ o ❑ v ❑ ❑
❑) C') CO a O C) CO r (D O 0 N N- N- C) N N- (D C) (n CD 0) r CV CV 0 (C)
0) CO CO C) CO 0 0 N (n O C') O O O) 00 Cr) (n t- O r Co co CO 0 CV CO 't N-
O) CO N (n r- r CD O) CD CO N (n CD r o d' CO r CO r r N
4 4 (C) - (n L i 4 4 4 4 4 4 4 ([) '1- d' (0 (0 (C7 u7 4 4 (n ([) (C] (C]
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CD CO N a CD CD CO N CD (f) 0 o CO 0 (o r N N 00 c0 co CD r c0 • a , O 0 CV co
CD C*) (c) 4 4 4 ti r- c') cD (n N: 4 4 4 t` 4 4 co (D C) (n (n CD CD (D ([7
1 ,029,443.20
FHLMC GLOBAL REFERENCE NOTES
co
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(C)
US TREASURY NOTES
1,596,848.00
GENERAL ELECTRIC CAPITAL CORP
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FHLB TAP NOTES
1,052,707.03
US TREASURY NOTES
(D
0
(D
0)
CO
US TREASURY NOTES
1,065,040.00
BANK OF AMERICA NOTE
1,179,171.40
FNMA GLOBAL BENCHMARK NOTES
US TREASURY NOTES
1,524,878.91
US TREASURY NOTES
1,031,727.31
FHLB TAP NOTES
1,068,625.00
FHLMC GLOBAL REFERENCE NOTES
o r o 0 0 0 o co c n O O (0 0 0 0 0 0
r C+] a a) O (c7 : 0 L) co. CV 0 CO CO 0 CO O N
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FHLB GLOBAL NOTES
US TREASURY NOTES
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CO U]
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$104,726,957.92
$ 104,673,117.81
CO
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$105,545,878.05
TOTAL AND AVERAGES
CITY OF ALAMEDA
ti
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z
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MATURITY DAYS
� W
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2
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0
0
BOOK VALUE
DESCRIPTION
HBI ASSESSMENT DIST. 92 -1
$1,166,084.04
$1,166,084.04
M CO CN CO
LO
0
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2,183,578.82
co
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$1,1 66,084.04
0
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BNY - WELLS FARGO TREASURY PLUS
2,183,578.82
BNY - INVESTMENT AGREEMENT
BNY - WELLS FARGO TREASURY PLUS
$3,350,548.79
$3,350,548.79
LO
LO
CO
$3,350,548.79
TOTAL AND AVERAGES
0 r
(a . 0)
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(D ' 0)
4
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$6,189,726.57
$6,189,726.57
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0
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$6,189,726.57
TOTAL AND AVERAGES
°o' CV
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CO
6F}
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CO
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U
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0
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0
0
0
0
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TOTAL AND AVERAGES
0)! of
'rto:r`
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LO
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CV
63
TOTAL AND AVERAGES
o 0
r
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0
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4'4,
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0
(D
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BNY - WELLS FARGO TREASURY PLUS
1 ,628,272.36
BNY - AIG MATCHED FUNDING CORP.
$1,628,333.07
$1,628,333.07
(0
0
CV
CV
0
a
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LO
0
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$1,628,333.07
TOTAL AND AVERAGES
CITY OF ALAMEDA
INVESTMENT PORTFOLIO FOR THE QUARTER ENDING JUNE 30. 2007
0
0
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DESCRIPTION
m
v
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0
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UNION BANK - PROVIDENT INST. FUND
UNION BANK - PROVIDENT INST. FUND
H
Z
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$1,220,382.02
$1,220,382.02
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ti
0
$1,220,382.02
TOTAL AND AVERAGES
T . ca ' r 0 0) 0 c)! C7 CD
O. CO CO LL) CO CO
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N- co r• r - . LC) L.6 7 co c0 CO co 0) co o
co
LO N Ln
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0) 0) COD ((0 0 0) 0) 0) 0) CO CO
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CO M r` ti r` N
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o a a a o 0 0 0 a
N- co 0) — r'- r` r` . M
0 0 o v a o v 9
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r (.0
a co M
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CO
2,567,812.50
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r• (D 4. (0 (0
co co a) Cr) v
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Q Z: Z OC OC Z Z Z Z
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CO, ❑❑ZZ❑❑❑ ❑Z
r!] CL CL LL Li 0_ 0- 0- CL LL
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220000002
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$11,038,130.65
$11,038,130.65
00
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$11,038,130.65
TOTAL AND AVERAGES
OCL 00)
(0 (0 0)
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$1,524,844.02
$1,524,844.02
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TOTAL AND AVERAGES
co
co
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TOTAL AND AVERAGES
W
0_
w
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W
Y
Q
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0
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MATURITY DAYS
E2
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0
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DESCRIPTION
'INVESTMENT BY TYPE
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TRANS PACIFIC NATIONAL BANK
BANK OF ALAMEDA
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TOTAL AND AVERAGES
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1,320,000.00
1,675,000.00
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City of Alameda California
August 21, 2007
Honorable Mayor and City Council
I have reviewed the City of Alameda's Investment Report for the quarter ending
June 30, 2007 and find that it complies with the Investment Policy established by
my office.
The interest of the Council is always appreciated.
KK/dI
Sinc el
r'
y,
Kevin Kennedy, City Treasurer
Office of the City Treasurer
2263 Santa Clara Avenue, Room 220
Alameda, California 94501 -4477
510.747.4881 Office • Fax 510.747.4890 • TDD 510.522.7538
Kevin K nedy
City Tre -surer
City Council
Attachment 2 to
Agenda Item #4 -C
08-21-07
CITY O F ALAM E DA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 21, 2007
Re: Accept the Work of Vortex Marine Construction, Inc., for the Repair of the
Main Street Ferry Terminal Pier
BACKGROUND
On February 20, 2007, the City Council authorized an Open Market purchase pursuant to
Section 3 -15 of the City Charter for repair of the Main Street ferry terminal and authorized
the City Manager to enter into the required agreements. On May 23, 2007, the City
entered into a contract in the amount of $93,950, including contingencies, with Vortex
Marine Construction, Inc.
DISCUSSION
The project has been completed in accordance with the plans and specifications and is
acceptable to the Public Works Department. The contractor constructed a permanent pier
supporting structure consisting of two 60' long steel beams secured to the underside of the
pier. One end of the steel supports uses the existing concrete crane pier while the land
side is supported on a new concrete spread footing. The final project cost was $93,950.
BUDGET CONSIDERATION /FINANCIAL IMPACT
Funding for the project is budgeted under C I P# 021.2, using funds from Measure B,
Regional Measure 1, and the Tidelands Trust Fund.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), the project is
Categorically Exempt under CEQA Guidelines Section 15301(c), Existing Facilities.
City Council
Agenda Item #4 -D
08-21-07
Honorable Mayor and August 21, 2007
Members of the City Council Page 2 of 2
RECOMMENDATION
Accept the work of Vortex Marine Construction Inc., for the repair of the Main Street ferry
terminal pier repair.
Respectfu submitted,
atthew T. Nacierio
Public Works Director
By: Ernest Sanchez
Ferry Manager
MTN:ES:gc
cc: Watchdog Committee
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 21, 2007
Re: Award a Contract in the Amount of $714,824, Including Contingencies, to
Power Engineering Contractors, Inc., for the Grand Street Sewer Pump
Station, No. P.W. 04-07-16
BACKGROUND
On July 3, 2007, the City Council adopted plans and specifications and authorized a call
for bids for the Grand Street sewer pump station. The project includes installation of a
circular underground pump station, raised curb around the pump and valve box, ductile
iron force main along Grand Street between the pump station and the intersection of
Grand Street and Clinton Avenue, new 4" private sewer lateral and cleanouts at 701
Grand Street, and gravity lines to the pump station.
DISCUSSION
To solicit the maximum number of bids and most competitive price, specifications were
provided to 17 separate building exchanges throughout the Bay Area. A notice of bid
was published in the Alameda Journal. In addition, the project description and the bid
items were posted on EbidBoard. The bids were opened on July 31, 2007. Three
contractors submitted bids. The list of bidders from lowest to highest for total project
cost is as follows:
Bidder
Location
Bid Amount
Power Engineerinq Contractors, Inc.
Alameda
$549,840
Darcy and Harty Construction, Inc.
San Francisco
$594,575
Pacific Trenchless, Inc.
Oakland
$852,170
Staff recommends awarding a contract to Power Engineering Contractors, Inc. for a
total amount of $714,824, including a 10% contingency. A copy of the contract is on file
in the City Clerk's office.
City Council
Agenda Item #4 -E
08 -21 -07
Honorable Mayor and August 21, 2007
Members of the City Council Page 2 of 2
BUDGET CONSIDERATION /FINANCIAL IMPACT
The project is funded under CI P# 95-02, with funds available from the City Sewer funds.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
RECOMMENDATION
Award a contract in the amount of $714,824, including contingencies, to Power
Engineering Contractors, Inc., for the Grand Street sewer pump station, No. P.W. 04-
07 -10.
Respectfully submitted,
atthew T. Naclerio
Public Works Director
Fcat).1w2, ;c‘i_elb
r:-
ngineer
By: Laurie Kozisek
Associate Civil
MTN:gc
CITY OF ALAM E DA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 21, 2007
Re: Award a Contract to Moore, I cafano, Goltsman, Inc., to Provide Master
Planning Services for the Alameda Beltline Property in an Amount Not to
Exceed $98,000 Including Continiencies
BACKGROUND
The Beltline Yard Property is a 22 -acre parcel, generally bordered by Atlantic Avenue,
Constitution Way, Sherman Street, and Eagle Avenue, formerly used as a railroad
switchyard. The site is an extension of the original Beltline Railroad created by the City
and two private railroad companies in 1 924. In August 2006, the Alameda County Superior
Court upheld the City's right to purchase all of the Beltline property from the Railroad for
the sum of $966,027.
During the meeting of October 3, 2006, the City Council adopted a motion allocating
funding in the amount of $966,027 to purchase the Beltline property. The source of the
funding was $917,668 from the Open Space Fund and $48,649 from the Dwelling Unit Tax
Fund. An additional $98,000 was allocated from the Dwelling Unit Tax Fund to provide
master planning services bringing the total allocation from the Dwelling Unit Tax Fund to
$148,469. In addition, on October 17, 2006, the City Council adopted a resolution to
rezone the property to park/open space as soon as it is acquired. Rezoning the property in
this manner is not inconsistent with providing an opportunity for a transportation corridor
within the property.
DISCUSSION
A detailed Request for Proposal to provide master planning services was developed and
distributed to 12 consulting firms in April 2007. Included in the document were specific
requirements for the development of a Citizen Task Force as well as extensive public
involvement. A total of three proposals were submitted.
Upon review, two of the firms were invited to participate in interviews before a selection
committee comprised of representatives from the City's Planning, Public Works, and
Recreation & Park Departments, along with a representative of the local neighborhood.
City Council
Agenda Item #4 -F
08 -21 -07
Honorable Mayor and August 21, 2007
Members of the City Council Page 2 of 2
Each of the proposals was evaluated according to the following criteria:
• Prior experience of the firm in conducting similar work.
• Qualifications and experience of staff assigned to the project.
• Completeness of the proposal.
• Prior experience dealing with public agencies.
• Demonstrated understanding of the scope of work.
• Ability to meet the project schedule.
• Recent experience in successfully completing similar projects.
It was the unanimous decision of the committee that the firm of Moore, Icafano, Goltsman,
Inc., (MIG) was the top selection. MIG demonstrated a vast degree of experience working
on projects of this type, including the ability to work extensively with a public process.
BUDGET CONSIDERATION /FINANCIAL. IMPACT
Council has previously allocated $91 7,558 from the Open Space Fund to be supplemented
by $48,549 from the Dwelling Unit Tax Fund to achieve the purchase price of $955,027. In
addition, an additional $98,000 was also allocated from the Dwelling Unit Tax Fund to
provide master planning services.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
The award of this contract will have no effect on the Municipal Code.
ENVIRONMENTAL REVIEW
No environmental review is required.
RECOMMENDATION
Award a contract to Moore, Icafano, Goltsman, Inc., to provide master planning services for
the Alameda Beltline Property in an amount not to exceed $98,000, including
contingencies.
Respectfully submitted,
0
Dale Lillard, Director
Alameda Recreation & Parks
DK:DL:bf
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 21, 2007
Re: Introduce an Ordinance Creating a Youth Advisory Commission
BACKGROUND
In the spring of 2006 the City Council requested that the creation of a Youth
Commission be agendized for discussion. Staff surveyed 14 neighboring entities, and
the results were presented during the meeting of March 20, 2007. Following discussion
of the item, staff was directed to incorporate a number of clarifications and revisions and
to return the item along with an ordinance for Council consideration.
DISCUSSION
The following revisions have been incorporated into the proposal:
1. The Commission will report directly to the City Council.
2. The members will represent a cross section of the community.
3. Potential representatives will be recruited from each of the appropriate schools
and interested community groups within the city.
4. The group will meet a minimum of six times annually.
5. Potential commissioners must be residents of Alameda or attend school within
the city.
6. The Commission will have 11 members.
7. Terms of service will be two years, with the option of reappointment for additional
service.
8. Applicants must be between the ages of 14 and 20 years old.
9. The Recreation and Park Department will provide staff support to the
Commission.
City Council
Report Re:
Agenda Item #4 -G
08 -21 -07
Honorable Mayor and August 21, 2007
Members of the City Council Page 2 of 2
Staff has met with representatives from a number of local youth - serving non - profit
organizations and developed a potential application process. Under this proposal,
youth recruited from each of the age - appropriate schools and community groups within
the city will be encouraged to submit an application. The applicants would be screened
by a committee comprised of representatives from community groups and City staff.
Recommendations would then be sent to the Mayor for nomination and to the Council
for final approval.
BUDGET CONSIDERATION /FINANCIAL IMPACT
The administration and operation of the Youth Advisory Commission would be absorbed
into the current operating budget of the Recreation and Park Department, resulting in no
impact to the General Fund.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
The Youth Advisory Commission is being created through an ordinance and joins other
advisory boards and commissions under Article 11 (Boards and Commissions) of
Chapter II (Administration) of the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
The Ordinance is categorically exempt under the CEQA Guidelines. (Sections 15320
and 15323.)
RECOMMENDATION
Adopt an ordinance creating a Youth Advisory Commission.
Respectfully submitted,
a
Dale Lillard, Direc or
Alameda Recreation & Parks
DL:bf
Approved as to Form
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY
ADDING SECTION 2 -19 (YOUTH ADVISORY COMMISSION)
TO ARTICLE 11 (BOARDS AND COMMISSIONS) OF
CHAPTER 11 (ADMINISTRATION),
ESTABLISHING A YOUTH ADVISORY COMMISSION AND PRESCRIBING
MEMBERSHIP AND DUTIES OF SAID COMMISSION
WHEREAS, the City is dedicated to the service of youth and values their
views regarding municipal services and community needs; and
WHEREAS, the City desires to foster a commitment among its youth to
civic involvement; and
WHEREAS, an advisory body consisting of young people would promote
both objectives.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by
adding new Sections 2 -19.1 through 2 -19.6, inclusive, (Youth Advisory
Commission) of Article 11 (Boards and Commissions) of Chapter 11
(Administration) to read as follows:
2 -19 YOUTH ADVISORY COMMISSION.
2 -19.1 Commission Created; Purpose.
There is hereby created a commission which shall be known as the
Youth Advisory Commission of the City of Alameda whose purpose shall be to
provide City policymakers with the unique perspective of the community's youth
on municipal issues and matters of concern to young people, to provide a forum
for discussion regarding how the City can better serve its youth, and to
encourage the participation of youth in local government.
2 -19.2 Membership; Appointment; Removal
a. The Commission shall consist of eleven (11) regular members, and
one (1) ex officio member who shall be the City Manager or his/her
designee and who shall not be entitled to vote at any meetings or
other proceedings.
b. The eleven (11) regular members shall, upon nomination of the
Mayor, be appointed by the City Council. The term of such members
Introduction of Ordinance #4 -G
08-21-07
shall be for (2) years and thereafter until the successor of such
member is appointed and qualified. A vacancy in the office of any
such member shall be filled for the unexpired term by appointment in
the manner hereinabove set forth.
c. A regular member may be removed by the affirmative vote of three
(3) members of the City Council.
2 -19.3 Qualifications
All members of the Commission shall, at the time of their appointment
and continuously during their incumbency, be residents of the City, and be at
least the age of 14 at the time they take office and no older than 20 at the time
they complete their two year term of office or any reappointment for additional
service. In addition to residency, potential commissioners must attend a school
within the City.
2 -19.4 Duties of Commission.
The Commission shall have the power and it shall be its duty to:
a. Advise the City Council on all matters pertaining to the programs,
activities, facilities and services of interest or concern to the Youth of
the City of Alameda.
b. Adopt rules for the proper conduct of its affairs.
c. Hold regular meetings for the transaction of its business six times a
year on a schedule provided for in its rules, and special meetings at
such other times as may be appropriate.
d. Prepare a report annually on the Commission's analysis of how well
the City of Alameda is meeting the needs of its youth and what can
be done by the City to better serve the interests of youth.
e. Select from its regular membership a Chairperson and a Vice
Chairperson, who shall serve in such office for a term of one (1) year
commencing October 1, and until their successors are selected and
qualified. The Director of Recreation and Parks shall serve as
Secretary to the Commission.
2 -19.5 Meeting.
All meetings of the Commission shall be open to the public and properly
noticed under the Brown Act.
2 -19.6 QuorumNoting
Six (6) members of the Commission shall constitute a quorum. The votes
of six (6) members of the Commission shall be necessary for any action thereof
Section 3. This Ordinance shall be in full force and effect from and
after the expiration of thirty (30) days from the date of its final passage.
Presiding Officer of the City Council
Attest:
Lara Weisiger, City Clerk
City of Alameda
1, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the day of August, 2007 by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official
seal of said City this day of August, 2007.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA ORDINANCE NO.
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE OF
VACANT PROPERTIES AT 2300 ALAMEDA AVENUE, 2304 ALAMEDA
AVENUE, AND 1224 OAK STREET WITH THOMSON PROPERTIES
(LESSOR) FOR A CITY PARKING LOT
WHEREAS, Thomson Properties (herein called "Lessor ") owns that certain
real property located at 2300 Alameda Avenue, 2304 Alameda Avenue, and 1224
Oak Street in Alameda, California (herein "real property "); and
WHEREAS, Lessor desires to lease the real property to the City of Alameda
on the terms and conditions substantially similar to those set forth in the Lease
attached to the staff report presented to the City Council on August 7, 2007; and
WHEREAS, the Park Street Business Association has asked the City to
assist them in providing permit -only parking spaces, and
WHEREAS, it is in the best interest of the City of Alameda to enter into the
Lease for the primary use as a parking lot.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Alameda that:
Section 1. That the form of Lease referred to in the above, and the
terms and conditions and covenants contained therein are hereby approved.
Section 2. The City Manager or her designee is hereby authorized to
execute, for and on behalf of said City of Alameda, the Lease of vacant property at
2300 Alameda Avenue, 2304 Alameda Avenue, and 1224 Oak Street,
substantially in the form and containing the terms and conditions and covenants as
set out in the Lease, attached to the staff report presented to the City Council on
August 7, 2007, and the City Clerk is hereby authorized and directed to attest to
the same.
Section 3. This ordinance shall be in full force and effect from and after
the expiration of thirty (30) days from the date of its final passage.
Attest:
Lara Weisiger, City Clerk
Presiding Officer of the City Council
Final Passage of Ordinance #4 -H
08 -21 -07
1
1, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in regular
meeting assembled on the 7t" day of August, 2007, by the following vote to wit:
y �
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the
official seal of said City this day of August, 2007.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEA ORDINANCE NO.
New Series
AMENDING THE COMMUNITY IMPROVEMENT PLAN FOR THE WEST
END COMMUNITY IMPROVEMENT PROJECT TO EXTEND CERTAIN
PLAN TIME LIMITATIONS BY TWO YEARS PURSUANT TO SB 1096
o>-
WHEREAS, the City Council of the City of Alameda (the ' " � y y "City Council")
F-- originally approved and adopted the Community Improvement Plan for the West
v
Q End Community Improvement Project (the "WECIP Plan") on July 5, 1983, by
v F H Ordinance No. 2141, as subsequently amended on January 2, 1985, by
N rY y
D. a Ordinance No. 2222, on December 6, 1994, by Ordinance No. 2682, on
Q November 19, 2002, by Ordinance No. 2889, on April 1, 2003, by Ordinance
No. 2897, and on November 4, 2003, by Ordinance No. 2910; and
WHEREAS, the Community Improvement Commission of the City of
Alameda (the "Commission") has been designated as the official redevelopment
agency to carry out in the City of Alameda the functions and requirements of the
Community Redevelopment Law of the State of California (Health and Safety
Code Section 33000 et seq.) and to implement the WECIP Plan; and
WHEREAS, Section 33681.12 of the Health and Safety Code was added
by Senate Bill 1 096 effective August 5, 2004 ( "SB 1096"), which section
required the Commission to make payments during the 2004 -05 and 2005 -06
fiscal years for deposit in Alameda County's Educational Revenue
Augmentation Fund ( "ERAF Payments"); and
As
WHEREAS, Sections 33333.2 and 33333.6 of the Health and Safety
Code were amended by SB 1096 to provide that when a redevelopment agency
is required to make a payment pursuant to Section 33681.12, the legislative
body may amend the redevelopment plan to extend by one (1) year the time
limit on the effectiveness of the plan and the time limit to receive property taxes
and repay indebtedness for each year a payment is made; and
WHEREAS, in accordance with SB 1096, the Commission made the
2004 -05 and 2005-06 ERAF Payments and the City Council desires to amend
the WECIP Plan to extend by two (2) years the time limit on the effectiveness of
and the time limit to receive property taxes and repay indebtedness for the
WECIP Plan.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda that:
Section 1. The WECIP Plan, as adopted on July 5, 1983, by
Ordinance No. 2141, as amended to date, is hereby further amended as set
Final Passage of Ordinance #4 -I
08 -21 -07
forth in the proposed "Sixth Amendment to the Community Improvement Plan
for the West End Community Improvement Project," attached hereto as
Exhibit A and incorporated herein and made a part hereof by reference. As so
amended, the WECIP Plan is hereby incorporated by reference herein and
designated as the official Community Improvement Plan for the West End
Community Improvement Project.
Section 2. In extending the time limits as set forth in this Ordinance,
the City Council makes the following findings:
a. The Commission is in compliance with all provisions of Health
and Safety Code sections 33334.2 or 33334.6, as applicable;
b. The Commission has adopted an implementation plan in
accordance with the requirements of Health and Safety Code
section 33490;
c. The Commission is in compliance with all applicable provisions
of Health and Safety Code section 33413;
d. The Commission is not subject to sanctions pursuant to Health
and Safety Code section 33334.12(e) for failure to expend,
encumber, or disburse an excess surplus; and
e. Funds which the Commission is required, pursuant to Health and
Safety Code Section 33681.12, to pay to the Alameda County
Educational Revenue Augmentation Fund for fiscal years
2004 -2005 and 2005-2006 would otherwise have been used to
pay the costs of projects and activities necessary to carry out the
goals and objectives of the WECIP Plan.
Section 3. Ordinance Nos. 2141, 2222, 2682, 2889, 2897 and 2910
are continued in full force and effect except as amended by this Ordinance.
Section 4. The City Clerk is hereby directed to send a certified copy of
this Ordinance to the Commission.
Section 5. Effective Date. This Ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from the date of its final
passage.
Section 6. Publication. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance and to cause the same to be
published once in the Alameda Journal, a newspaper of general circulation,
published and circulated in the City of Alameda, California.
Section 7. Severability. If any part of this Ordinance, or the Sixth
Amendment to the WECIP Plan which it approves, is held to be invalid for any
reason, such decision shall not affect the validity of the remaining portion of this
Ordinance or of the Sixth Amendment to the WECIP Plan, and this City Council
hereby declares that it would have passed the remainder of the Ordinance, or
approved the remainder of the Sixth Amendment to the WECIP Plan, if such
invalid portion thereof had been deleted.
Presiding Officer of the Council
ATTEST:
Lara Weisiger, City Clerk
EXHIBIT A
SIXTH AMENDMENT TO THE COMMUNITY IMPROVEMENT PLAN
FOR THE WEST END COMMUNITY IMPROVEMENT PROJECT
The Community Improvement Plan for the West End Community
Improvement Project ( "WECIP Plan "), as adopted by the City Council of the City
of Alameda on July 5, 1983, by Ordinance No. 2141, as subsequently amended
on January 2, 1 985, by Ordinance No. 2222, on December 6, 1 994, by
Ordinance No. 2682, on November 19, 2002, by Ordinance No. 2889, on
April 1, 2003, by Ordinance No. 2897, and on November 4, 2003, by Ordinance
No. 2910, is hereby further amended as follows:
1. Section XI of the WEC I P Plan, Duration of This Plan, is hereby
deleted in its entirety and restated as follows:
"Except for the nondiscrimination and
nonsegregation provisions which shall run in
perpetuity, the provisions of this Plan shall be
effective, and the provisions of other documents
formulated pursuant to this Plan may be made
effective, for forty -three (43) years from the date of
adoption of this Plan by the City Council. After the
time limit on the effectiveness of the Plan, the
Commission shall have no authority to act pursuant
to the Plan except to pay previously incurred
indebtedness and to enforce existing covenants,
contracts or other obligations."
Exhibit A
1
I, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of
Alameda in a regular meeting assembled on the day of
, 2007, 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 , 2007.
Lara Weisiger, City Clerk
City of Alameda
Approved as to Form
CITY OF ALAMEDA RESOLUTION NO.
APPOINTING ROD A. ARRANTS AS A MEMBER OF THE
CITY PUBLIC ART COMMISSION
BE IT RESOLVED by the Council of the City of Alameda that pursuant to
Section 30 -65.7 of the Alameda Municipal Code and Resolution No. 13573, and
upon nomination of the Mayor, ROD A. ARRANTS is hereby appointed to the
office of member of the Public Art Commission of the City of Alameda for the term
commencing on August 7, 2007, and expiring on June 30, 2011, and to serve until
his successor is appointed and qualified.
1, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in regular
meeting assembled on the 21st day of August, 2007, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal
of said City this , day of August, 2007.
Lara Weisiger, City Clerk
City of Alameda
Resolutions #5 -A
08 -21 -07
CITY OF ALAMEDA RESOLUTION NO.
APPOINTING NIELSEN TAM AS A MEMBER OF
THE CITY TRANSPORTATION COMMISSION
(School District Representative)
BE IT RESOLVED by the Council of the City of Alameda that
pursuant to provisions of Section 2 -8 of the Alameda Municipal Code, and upon
nomination of the Mayor, NIELSEN TAM is hereby appointed to the office of
member of the Transportation Commission (School District Representative) of the
City of Alameda, to fill the unexpired term of Jeff Knoth, for a term commencing on
August 7, 2007, and expiring on June 30, 2008, and to serve until his successor is
appointed and qualified.
1, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 21st day of August, 2007, by the following vote
wit:
Y g
to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the
seal of said City this day of August, 2007.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 21, 2007
Re: Discuss and Take Action on the Proposed Iraq War Resolution
BACKGROUND
On July 3, 2007, the City Council discussed a proposed resolution by Councilmember
Matarrese entitled, "City of Alameda Resolution Supporting a Diplomatic Approach to
Ending the Iraq War and Bringing Our Troops Home." After discussing the item and
hearing from members of the public, the Council agreed to place the resolution on a
future City Council agenda and requested additional information to help frame the
discussion.
DISCUSSION
During the July 3, 2007, meeting, the Council requested information on the readiness of
California's National Guard troops to respond to a natural disaster in Alameda. That
information is contained in Attachment 1.
In addition, Council requested information on SB 924, a bill sponsored by Senator Don
Perata that would place an advisory question on the February 5, 2008, statewide ballot
and direct the Secretary of State to communicate the results of the election to President
Bush. The advisory question is:
Shall President George W. Bush, in support of the men and women
serving in the Armed Forces of the United States, end the United States
occupation of Iraq and immediately begin the safe and orderly withdrawal
of United States forces; and, further, shall President George W. Bush and
the Congress provide the necessary diplomatic and nonmilitary assistance
to promote peace and stability in Iraq and the Middle East?
SB 924, which is included as Attachment 2, passed the Senate on June 6, 2007, and is
now pending in the Assembly Appropriations Committee. According to the
Appropriations Committee's analysis, the bill would have to be passed by the
Legislature and signed into law by the Governor by September 27 in order to be placed
on the February 2008 ballot. The last day for the Appropriations Committee to meet
City Council
Report Re:
Agenda Item #5.B
08 -21 -07
Honorable Mayor and August 21, 2007
Members of the City Council Page 2 of 2
and report bills to the Assembly Floor is August 31, while the Legislature is scheduled to
adjourn for the year on September 14.
BUDGET CONSIDERATION /FINANCIAL IMPACT
There is no impact on the General Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
RECOMMENDATION
Discuss and take action on the proposed Iraq resolution.
Respectfully submitted,
Lisa Goldman
Deputy City Manager
Attachment:
1. Information on California National Guard
2. SB 924 (Perata), as amended on June 4, 2007
California National Guard Information
According to the Commission on the National Guard and Reserves, the National Guard
is located in all 50 states and four territories. The National Guard is unique in that it
serves both state and federal authorities. This dual status is rooted in Article 1, Section
8 of the Constitution, which states that "Congress shall have the power ... To provide for
organizing, arming, and disciplining, the Militia, and for governing such part of them as
may be employed in the service of the United States, reserving to the States
respectively, the appointment of the officers, and the authority of training the Militia
according to the discipline prescribed by Congress."
When in federal status, the Army National Guard acts as a reserve component of the
Army, and the Air National Guard acts as a reserve component of the Air Force. The
President commands the troops that are in federal status. Title 10 of the United States
Code, which is the section that prescribes the use of the Armed Services while in
federal service, gives the President authority to activate reservists for various periods of
time and to deploy them to other countries.
When in state status, the Army and Air National Guard operate under the orders of the
state's governor and assist with emergency response. They can also augment civil
authorities in maintaining law and order during times of civil unrest, such as the Los
Angeles riots in the early 1990s. Civil laws, such as the Posse Comitatus Act of 1878,
prohibit the use of federal troops in law enforcement.
Under Title 32 of the U.S. Code, National Guard forces remain under control of the state
governor and in their assigned units but receive federal funding. These troops are
available to deploy with their units and can be used for such duties as border patrol and
airport security.
The dual nature of the National Guard creates tensions between their federal and state
commanders. While states are free to provide resources to their National Guard units,
approximately 90% of funding for the National Guard comes from the federal
government, while only 10% comes from the states.
According to Lieutenant Colonel Michael Wells, Deputy for Government Affairs with the
California National Guard (CNG), the CNG has 21,000 total personnel. As of mid -July,
approximately 3,300 of those troops were deployed outside of California. The
remaining troops are in California and able to meet the preponderance of state
emergency assistance requests passed to them by the State Office of Emergency
Services. The CNG could not respond to a Hurricane Katrina -sized disaster, but Lt. Col.
Wells said that no state's National Guard would be able to respond alone to such a
large event.
City Council
Attachment 1 to
Report Re:
Agenda Item #5 -B
08-21-07
The CNG can mobilize 500 troops within 12 hours in Southern California and 500 troops
within 12 hours in Northern California. 12,000 personnel can be brought in to assist in
any emergency within 48 hours. For comparison, 11,000 troops were brought in during
the Los Angeles riots. The CNG is ready and able to respond to small and medium -
sized domestic emergencies right now, such as wildfires, but they are not first
responders. The local police and firefighters serve that role. Rather, the CNG helps
with logistics and organizational structure.
Lt. Col. Wells also maintained that CNG equipment shortages are the result of a decade
of underfunding by the federal Department of Defense, not a result of sending
equipment outside of California to Iraq and other locations. As of mid -July,
approximately 200 CNG vehicles, or one battalion's worth of vehicles, were in Iraq. If
the CNG had full federal funding, they would have 30 to 40 battalion's worth of vehicles.
Instead, they have 50 -55% of their authorized vehicles.
In early August, Senator Barbara Boxer released a letter from acting U.S. Army
Secretary Peter Geren in which he said that CNG troops could respond to small and
medium domestic missions but "equipment shortages could potentially limit their
capability to fully respond to large -scale emergencies such as a catastrophic
earthquake or major flood." The CNG's adjutant general, Major General William Wade,
disagreed with Mr. Geren's conclusions, saying that the state is fully prepared to
respond to all types of disasters.
AMENDED IN SENATE JUNE 4, 2007
AMENDED IN SENATE MAY 15, 2007
AMENDED IN SENATE APRIL 9, 2007
SENATE BILL
No. 924
(
Introduced by Senator Perata
(Principal coauthors: Senators Migden and Romero)
(Coauthors: Senators Corbett, Kuehl, Oropeza, Ridley- Thomas,
Scott, Steinberg, and Wiggins)
. - - : - •-- - : Coauthors: Assembly Members
Dymaily and Eng)
fi i r
li
iv
February 23, 2007
An act relating to Iraq, and calling an election, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 924, as amended, Perata. Iraq war: advisory election.
This
(1) This bill would require the Secretary of State to call an election
for the purpose of placing before the voters of the state an advisory
question asking whether the President should end the United States
occupation of Iraq, and whether the President and the Congress should
provide the necessary diplomatic and nonmilitary assistance to promote
peace and stability in Iraq and the Middle East. The bill would require
the Secretary of State to communicate the results of this election to the
President and to consolidate this election with the statewide presidential
primary election of February 5, 2008. By increasing the duties of local
elections officials, the addition of an election to place an advisory
question on the ballot would impose a state - mandated local program.
96
City Council
Attachment 2 to
Report Re:
Agenda Item #5 -B
08-21-07
SB 924 2
The
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
This
(3) This bill would declare that it is to take effect immediately as an
act calling for an election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) Whereas, The United States is now into the fifth year of a
4 war in Iraq with no end in sight; and
5 (b) Whereas, On May 1, 2003, President Bush declared the "end
6 of maj or combat operations" in Iraq, yet tragic military and civilian
7 casualties and injuries in Iraq continue, with the fourth year of this
8 conflict resulting in the greatest number of casualties and injuries;
9 and
10 (c) Whereas, Despite the deaths of nearly 3,500
11 American men and women in our Armed Forces, and the injury
12 of more than 24,000 25, 000 Americans, President George W. Bush
13 has refused to begin a safe and orderly withdrawal of American
14 soldiers from Iraq; and
15 (d) Whereas, Civilian casualties in Iraq have been significant,
16 with more than 62,000 64, 000 civilian Iraqi men, women, and
17 children killed, and many more wounded or displaced from their
18 homes; and
19 (e) Whereas, Hostilities in Iraq have continued for more than
20 four years, requiring the expenditure of more than
21 $350,000,000,000, an amount that has forced the federal
22 government to devote fewer resources to properly funding schools,
23 health systems, homeland security, and other vital domestic needs;
24 and
96
3 SB 924
1 (0 Whereas, Three hundred forty -six sixty -two Californians
2 have been among the service members killed in the Iraq conflict,
3 more than any other state, and thousands more Californians,
4 including more than 800 members of California's National Guard,
5 remain deployed in Iraq and at grave risk; and
6 (g) Whereas, The widely respected and bipartisan Iraq Study
7 Group recommended that the United States withdraw its Armed
8 Forces from Iraq by early 2008; and
9 (h) Whereas, In spite of a growing consensus among experienced
10 and respected military officials, diplomats, scholars, and the
11 American public that the time has come to begin the safe and
12 orderly withdrawal of United States Armed Forces, the Bush
13 Administration has chosen instead to jeopardize the safety of
14 additional personnel with an ill- conceived "surge ", an increase in
15 the number of troops deployed to Iraq; and
16 (i0 Whereas, Despite the best efforts and tremendous sacrifices
17 made by service members and their families, the continued
18 presence of United States Armed Forces will not lead to peace and
19 stability in Iraq or the Middle East.
20 (j) Therefore, in support of the men and women serving in the
21 United States Armed Forces in Iraq, this act provides the people
22 of California the opportunity to voice their heart felt concerns and
23 to be heard at the ballot on this critical issue.
24 SEC. 2. (a) The Secretary of State shall call an election for
25 the purpose of placing before the voters of this state the following
26 advisory question:
27 Shall President George W. Bush, in support of the men and
28 women serving in the Armed Forces of the United States, end the
29 United States occupation of Iraq and immediately begin the safe
30 and orderly withdrawal ofd United States forces; and, further,
31 shall President George W. Bush and the Congress provide the
32 necessary diplomatic and nonmilitary assistance to promote peace
33 and stability in Iraq and the Middle East?
34 (b) Upon certification of the election, the Secretary of State
35 shall communicate to President George W. Bush the results of the
36 election asking the question set forth in subdivision (a).
37 (c) The provisions of the Elections Code that apply to the
38 preparation of ballot measures and ballot materials at a statewide
39 election shall apply to the measure submitted pursuant to this
40 section.
96
SB 924 4
1 (d) Notwithstanding Section 9040 of the Elections Code, the
2 Secretary of State shall consolidate the election provided for in
3 subdivision (a) with the statewide presidential primary election to
4 be held on February 5, 2008.
5 SEC. 3. If the Commission on State Mandates determines that
6 this act contains costs mandated by the state, reimbursement to
7 local agencies and school districts for those costs shall be made
8 pursuant to Part 7 (commencing with Section 17500) of Division
9 4 of Title 2 of the Government Code.
10 SEC. 4. This act calls an election within the meaning ofArticle
11 IV of the Constitution and shall go into immediate effect.
0
96
CITY OF ALAMEDA RESOLUTION NO.
SUPPORTING A DIPLOMATIC APPROACH TO ENDING THE
IRAQ WAR AND BRINGING OUR TROOPS HOME
WHEREAS, the City Council of the City of Alameda, on March 16, 2003,
passed resolution 1 3566, which encouraged a multilateral diplomatic approach
to the Iraq situation as provided by the United Nations as an alternative to war;
and
WHEREAS, The City of Alameda strongly supports the women and
men serving in the United States Armed Forces in Iraq and recognizes the
sacrifices that each of them is making, including those made by Alamedans in
active and reserve units of the services, our focal U.S. Marine Corps Reserve
Unit, our local Coast Guard units, and members of the California National
Guard; and
WHEREAS, the war ensued and Federal policy has placed our troops
in the middle of sectarian violence within Iraq, tantamount to civil war, with no
plan or strategy for eventual exit; and
WHEREAS, the costs of deploying U.S. troops, in particular the call -up
and over - extension of our reservists and members of the California National
Guard for deployment in Iraq have been significant, as determined in lost lives,
combat injuries, psychic trauma, disruption of family life, financial hardship for
individuals, families, and businesses, interruption of careers; and
WHEREAS, the men and women of the U.S. Armed Forces continue to
serve in Iraq with bravery and distinction; and
WHEREAS, many of our veterans returning from this war and prior
wars with injury and or trauma will, along with their families, require and
deserve the best medical and social services to address their needs as a
result of their service; making increased quality health care necessary across
the country and including services provided in Alameda County and the City
of Alameda; and
WHEREAS, the continued deployment of the California National Guard
and Coast Guard units to Iraq puts Alameda and many California
communities at risk in the event of a natural disaster, such as a major
earthquake or storm; and
Resolution #5 -B
08 -21 -07
WHEREAS, the costs have resulted in unprecedented Federal budget
deficits, which have and will affect the State of California and Alameda
directly.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Alameda calls upon the President, Congress and the Governor of
California and our state legislators to take immediate steps to establish a
diplomatic approach to the violence in Iraq, a plan for bringing our troops
home, turning the resolution of the conflict over to the United Nations and
place a top priority on providing the necessary health care and social services
to our veterans; and
BE IT FURTHER RESOLVED that the City of Alameda calls for full
funding of services to the brave men and women returning after service in the
United States Armed Forces, including medical, psychological, housing, and
other support services, and support to local governments funding such
services.
1, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the day of , 2007, by the
following vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the
seal of said City this day of , 2007.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 21, 2007
Re: Hold a Public Hearing to Consider an Appeal of the Planning Board's Denial
of Use Permit UPO6 -0010 to Extend the Hours of Operation for Fuel Sales at
the Alameda Valero Gas Station Located at 1310 Central Avenue Within the
R -4, Neighborhood Residential Zoning District
BACKGROUND
On June 11, 2007, the Planning Board denied Use Permit U P06 -0010 requesting an
extension of hours for the Alameda Valero Gas located at 1310 Central Avenue. The
applicant proposed to extend the hours of operation for fuel service to 7:00 am to 8:00 pm
Monday through Friday and eliminate auto repair service hours on Saturday. The current
hours of operation are 9:00 am -- 6:00 pm Monday through Friday and 9:00 am - 4:00 pm
on Saturday for both fuel sales and auto repair. Therefore, the proposal would have
resulted in an increase of four hours per weekday for a total of 20 additional hours of fuel
sales during the week and a reduction of seven hours of auto repair hours on Saturday.
After reviewing the material and hearing from the public, the Planning Board found that the
proposal constituted an expansion of a non - conforming use and denied the application.
The applicant is appealing the Planning Board's decision, stating that an increase in fuel
sales hours does not constitute an expansion or enlargement of a nonconforming use in
this case.
DISCUSSION
The Alameda Valero Gas Station located at 1310 Central Avenue is a legal non-
conforming land use established at this site in 1922 and operated without restrictions on
hours in conformance with the zoning regulation in place at that time. In 1974, the site
was rezoned from C -1 (Commercial District) to R -4 (Neighborhood Residential), making the
gas station a legal non-conforming land use. Shortly thereafter, the auto repair services
were discontinued at the site, but fuel service continued without restriction. In 1980, the
Planning Board approved a use permit to reinstate auto repair on this site with limited
hours, but revoked the use permit in 1983.
City Council
Public Hearing
Agenda Item #5 -C
08 -21 -07
Honorable Mayor and August 21, 2007
Members of the City Council Page 2 of 4
In 1992, the Planning Board approved Use Permit UP92 -15 to reinstate auto repair and
limit the hours for fuel sales to 9 am - 6 pm Monday through Friday and 9 am - 4 pm on
Saturday. The 1992 use permit was extended in 1994 and 1997. In 1999, the Planning
Board denied a request to extend the hours of operation for auto repair and fuel service.
In April 2001, the Planning Board approved Use Permit UPOO -26 to increase the hours for
fuel sales to 7 am - 8 pm Monday through Friday and 9 am - 7 pm on Saturday. Auto
service hours would have been limited to the original hours of 9 am - 6 pm Monday through
Friday for auto service and eliminated on Saturdays. The Planning Board's approval of the
use permit was appealed, and the City Council overturned the Planning Board's decision
and denied the use permit in May 2001.
In January 2003, the Planning Board denied Use Permit UP02 -0031, which would have
extended the hours of operation to 6 am - 8 pm Monday through Friday and 9 am - 8 pm
on Saturday, in exchange for the elimination of auto repair service on Saturday. That
decision was appealed, and in March 2003, the City Council upheld the Planning Board's
decision.
In 2006, the applicant submitted the current use permit application to extend fuel service
hours of operation to 7 am — 8 pm Monday through Friday in exchange for the elimination
of auto repair service on Saturday. On June 11, 2007, the Planning Board denied Use
Permit UPO6 -0010, finding that the proposed increase in hours constituted an expansion of
a non - conforming use.
After hearing from the public and considering all of the relevant material, the Planning
Board found that opening the gas station two hours earlier in the morning and remaining
open two hours longer in the evening for a total of 20 additional hours of service
constituted an expansion of a non - conforming use that is not permitted under Alameda
Municipal Code section 30 -20.4.
The Valero Gas Station is a non - conforming use, and Alameda Municipal Code section 30-
20.4 "Changes to and Restoration of Non - conforming Buildings and Uses" subsection a.
states:
"No non - conforming building or use shall be enlarged, extended, reconstructed or
structurally altered, unless it is changed to conform to the regulations specified by
this section, provided that routine maintenance and repairs required by applicable
health and safety codes shall be permitted in an aggregate amount during a five (5)
year period not to exceed one hundred (100%) percent of the total appraised
Honorable Mayor and August 21, 2007
Members of the City Council Page 3 of 4
valuation as verified by a certified appraiser selected by the City, and conducted at
the property owner's expense."
Given the limitations of Section 30 -20.4, the zoning and use permit history on the property,
and the lack of any significant new conditions or circumstances in the neighborhood or on
the site, staff recommends that the City Council uphold the Planning Board's decision to
deny use permit UP06 -0010.
BUDGET CONSIDERATION /FINANCIAL IMPACT
No additional funding is necessary related to planning activities for this project.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
Alameda Municipal Code §30 -21.3 Use Permits and §30 -20.4 Changes to and Restoration
of Non - conforming Buildings and Uses govern this proposal.
ENVIRONMENTAL REVIEW
No structural or physical alterations are proposed for this project. The project will not have
a significant effect on the environment and therefore is Categorically Exempt from
additional environmental evaluation pursuant to the California Environmental Quality Act
(CEQA) Guidelines, Section 15301- Existing Facilities. Additionally, CEQA does not apply
to projects which a public agency denies or rejects pursuant to Section 15270(a) - Projects
that are Disapproved.
RECOMMENDATION
Uphold the Planning Board's denial of Use Permit UPO6 -0010.
Respectfully submitted,
WY- ai
Cathy .fr'•odbury
Planning & Building Director
Honorable Mayor and August 21, 2007
Members of the City Council Page 4 of 4
By: Do
Planner 111
Attachments
1. June 11, 2007, Planning Board Staff Report
2. Applicant's application to appeal the Planning Board's June 11, 2007, decision
3. Public Comments
CITY OF ALAM E DA
PLANNING AND BUILDING DEPARTMENT
STAFF REPORT
ITEM NO: 9 -A
APPLICATION: UP06 -0010 — N. Saidian & L. Zektser - 1310 Central
Avenue. The applicant requests approval of a Use Permit
pursuant to Section 30 -20.2 of the Alameda Municipal Code to
extend the hours of operation for the Alameda Valero Gasoline
Station, an existing legal nonconforming service station. The
current hours of operation for fuel service and auto repair are
9:00 am -6:00 pm Monday through Friday, 9:00 am -4:00 pm on
Saturday, and closed on Sunday. The proposed hours for fuel
service and auto repair would be 7:00 am -8:00 pm Monday
through Friday, 9:00 am -4:00 pm on Saturday, and closed on
Sunday. The auto repair hours would be eliminated on
Saturday. The Alameda Valero Gasoline Station is located in
the R -4 (Neighborhood Residential) Zoning District.
GENERAL PLAN: Medium Density Residential
ENVIRONMENTAL Categorically Exempt from CEQA Guidelines, Section
15301(a) — Existing Facilities
STAFF PLANNER: Douglas Vu, Planner 111
510.747.6888
RECOMMENDATION: Deny requested Use Permit for extended hours of operation
ABBREVIATIONS: AMC - Alameda Municipal Code
CEQA — California Environmental Quality Act
ATTACHMENTS: 1. Draft Resolution
2. Vicinity Posting Map
3. Minutes from March 4, 2003 City Council meeting
4. Public Comments
(Over 180 individually signed petitions in support were
submitted. 1 sample petition is attached, the remainder
are on file in the Planning and Building Department. All
other written comments are attached)
Alameda Plannin
Staff Repo
Meeti . : • June 1 I , 2007
City Council
Public Hearing
Attachment 1 to
Agenda Item #5 -C
08-21-07
1. PROPOSAL SUMMARY
The applicants request a Use Permit pursuant to Section 30 -20.2 of the Alameda Municipal
Code to extend the hours of operation at the existing legal nonconforming Alameda Valero
Gasoline station located at 1310 Central Avenue. This application is in response to the
City Council's denial of an appeal of the request for approval of Use Permit UPO2 -0031 in
March 2003. AMC Subsection 30 -21.8 allows re- submittal of all applications denied by the
Planning Board or City Council no Tess than three years from the date of the denial. The
applicants resubmitted for the Use Permit on May 24, 2006, three years and two months
after the denial, requesting to extend the hours of operation to meet the demand for gas
during the morning and evening commutes.
The applicant proposes the following expansion of hours during the week for the existing
fuel service and auto repair facility at 1310 Central Avenue in exchange for the elimination
of automotive repair hours on Saturdays.
Table of proposed changes to operating hours
Days of the Week
Monday — Friday
Saturday
Sunday
Current Hours
9:00 am — 6:00 pm
9:00 am — 4:00 pm
Closed
Proposed Hours
7:00 am - 8:00 pm
9:00 am - 4:00 pm*
Closed
* Auto repair currently available on Saturday will be eliminated
11. BACKGROUND
A. Existing Site Conditions
The Alameda Valero Gasoline Station is located at the junction of Encinal and Central
Avenues, as shown in Figure A. The site currently contains a 1,635 square foot structure
designed to accommodate three automobiles for repair and service. The site also has four
double -sided pump mechanisms for distributing gasoline to up to eight vehicles at any one
time. The lot has four curb cuts and three Tight poles approximately 16 feet high, one at
each of the three corners of the lot. There is also a pay phone at the rear Encinal side
corner adjacent to two parking spaces.
Alameda Planning Board
Staff Report
Meeting of June 11, 2007
Page 2
rrAller. ,11•1111111111 41•111111r,
'�.�; °�" s �. Yom•
�.` .�-. ���..: -� -r C.•�. ,'fir ::�. n.. -... ]..- `:�••�• -�,.- Si r..:::..,�,...
.rte:: :� `- :� {.,, ...s.'SS•::'•.•y: :..:. ...:::::.:... .. "::::�.: '�4d.Gl4f ::
Figure A: Alameda Valero Gas Station
B. Surroundin Land Uses (Figure B}
• North (along Central from Morton to Sherman) - Trinity Lutheran Church, and four
Single Family Residences.
• South (along Encinal from Sherman to Morton) - One existing Real Estate Office, one
Single Family Residence and One Multi - Family Residence.
• East (at the rear of the subject lot, along Morton) - One Single Family Residence and
a Duplex.
• West (at the Sherman /Central /Encinal intersection) - Multi-Family Residential on
each side.
Alameda Planning Board
Staff Report
Meeting of June 11, 2007
Page 3
r•yw ay;--..
rri ?<ti'y:Y
Figure B: Surrounding Land Uses
C. Zoning /Use Permit History
3;$
City business license records indicate the site has operated as a gas service station since
at least 1950. Zoning records from 1958 show the site was originally zoned "D"
(Commercial District). The station was operated at that time with no limitation on hours.
When the property was rezoned in '1974 to R -4 (Neighborhood Residential), which does
not permit service stations, it became a legal nonconforming use.
Pursuant to Alameda Municipal Code Section 30 -20.2, if no structural alterations are made,
a nonconforming use of a building may, upon approval of a use permit be changed to
another nonconforming use of the same or more restrictive use classification. Section 30-
20.3 goes on to state that no nonconforming building or use shall be enlarged, extended,
reconstructed or structurally altered, unless it is changed to conform with the regulations
specific to the zone.
Alameda Planning Board
Staff Report
Meeting of June 11, 2007
Page 4
In 1 980, the Planning Board approved Use Permit UP -81 -6 to reinstate auto repair use on
the site with a limitation on the hours of operation of 9:00 am — 6 pm Monday through
Friday and 9 am —2 pm on Saturday. Fuel sales continued as before with no limitation on
hours. This Use Permit for auto repair was discontinued in 1983 under Planning Board
Review. Fuel sales continued with no restrictions.
In 1992, Use Permit UP -92 -15 was approved to reinstate certain automotive services,
including tune -ups, brake work, electrical services, oil changes and smog control
certification in addition to the existing gasoline sales, in exchange for limiting the hours of
operation of the facility to 9:00 am - 6:00 pm Monday through Friday, 9:00 am - 4:00 pm
Saturday and closed Sunday. The limited hours were a trade -off to reduce the noise and
traffic impacts on the neighborhood. This Use Permit was extended in 1 994 and 1997 and
renewed in 1999.
in 1999, the Planning Board reviewed Use Permit application UP -94 -2 to continue the
nonconforming use and to extend the hours of operation to 7:00 am - 8:00 pm seven days
a week. The Planning Board approved the Use Permit to allow the continued operation of
the non - conforming gas station and auto repair service use, but denied the request for
extended hours of operation. This proposal generated approximately 450 letters of support
and approximately 150 letters of opposition.
In 2000, the site was sold to the current applicants and in April 2001, the Planning Board
considered Use Permit application UP -00 -26 to extend the hours of operation to 6:00 am -
8:00 pm Monday through Friday and 9:00 am - 8:00 pm on Saturday. The Board approved
the request to change the hours of operation, but limited the hours to 7:00 am - 8:00 pm
Monday through Friday and 9:00 am - 7:00 pm on Saturday, closed Sunday, with the
elimination of automotive repair on Saturday. The approval was then appealed to the City y
Council in May 2001 and the Planning Board approval was overturned and the request was
denied.
In 2003, the Planning Board considered Use Permit application UPO2 -0031 to extend the
hours of operation to 6:00 am - 8:00 pm Monday through Friday and 9:00 am - 8:00 pm on
Saturday, in exchange for the elimination of auto repair service on Saturday. The request
would have resulted in an increase of 25 business hours a week, or 48% of the current 52
hours of operation. The Planning Board denied this request for extended hours of
operation. The denial was then appealed to the City Council and in March 2003 Council
upheld the Planning Board's decision, denying the applicant's appeal.
On May 24, 2006, the owners submitted Use Permit application UPO6 -OO10 to extend the
hours of operation to 7:00 am - 8:00 pm Monday through Friday and 9:00 am - 4:00 pm on
Saturday, in exchange for the elimination of auto repair service on Saturday. The request
will result in an increase of 20 business hours a week, or 38% of the current 52 hours of
operation. The application was scheduled to be reviewed by the Planning Board on August
Alameda Planning Board
Staff Report
Meeting of June '11, 2007
Page 5
14, 2006. However, the applicant requested that the application be continued to a future
date, due to business reasons.
111. STAFF ANALYSIS
In evaluating this request, staff has considered the Ordinance requirements for
nonconforming uses, traffic impacts and noise concerns.
1. Compliance with limitations on nonconforming uses
Legal nonconforming uses such as this gas station may not be extended or enlarged. The
intent of this limitation is to allow reasonable use of the property for the life of the
improvements, until the use of the property transitions to a conforming use. The applicants
are requesting an additional 20 hours of fuel sales per week in exchange for the reduction
of seven hours of auto repair service on Saturdays. This elimination of auto repair hours
would benefit the neighborhood because the auto repair use is typically the noisier portion
of the use at the site. The original 1992 Use Permit first reduced the hours of operation
because the auto repair was being created. However, extended operating hours on
weekdays would to some extent offset the benefits to the neighborhood of eliminating auto
repair on Saturdays.
2. Traffic impacts
The City of Alameda Public Works Department has supplied general trip generation
information that helps assess the typical traffic impacts of a service station. The average
generation rates for service stations, per gasoline pump, are estimated at 11 vehicle -trip
ends (VTEs) in the am, and 15 VTEs in the pm peak hours. However, over 50% of trips to
and from service stations are already on the road and are labeled as "pass -by" trips. A
study cited by the Institute of Transportation Engineers indicates that 54% of the am peak
hour volume and 58% of the pm peak hour volume accounts for vehicles passing by on
their way to another destination.
The site has four double -sided pump mechanisms for distributing gasoline to up to eight
vehicles at any one time. An 8 -pump service station would generate approximately 40
VTEs in the am and approximately 50 VTEs in the pm peak hours with "pass -by" trips or
traffic already on the road.
Based on these average generation rates, it can be assumed that the proposed additional
hours of operation will generate an increase of 30 to 40 VTEs, primarily during the 7 -9 am
peak period. The current operating hours already include the pm peak period of 4 -6 pm.
3. Noise concerns
Alameda Planning Board
Staff Report
Meeting of June 11, 2007
Page 6
Both Central and Encinal Avenues are major arterials for the island and Encinal Avenue is
State Route 61. On recent site visits in June and July 2006, staff recorded no offending
noise coming from the site. The public bus that runs along Encinal Avenue generates more
noise than that generated by car doors or fuel filling. An AC Transit line runs along Encinal
and Central Avenues. The General Plan shows that both Avenues are 24 -hour truck
routes.
The existing service station use is operating pursuant to Use Permit UP- 92 -15, and allows
the following services: smog, tune -ups, brakes, and oil -tube. The limited hours of operation
were instated when the auto service Use Permit was approved in 1 992 because the auto
service component has the greatest potential for noise impact. The hours were limited to
reduce the noise impacts to the neighboring residents. Requiring repair work to occur
indoors within the existing limited hours further mitigated the noise impacts. Eliminating the
Saturday auto repair service as proposed by this current application could further mitigate
identified impacts for the use.
Recommended Findings For Current Application
In order to approve the requested use permit, the Planning Board must make all of the
following three findings and must determine that the proposed use favorably relates to the
General Plan:
1. The location of the proposed use is compatible with other land uses in the
area. This finding cannot be made because AMC Section 30 -20.3 specifically
prohibits the expansion of nonconforming uses. The project is located in a
residential zoning district that does not allow gas stations. Extending the hours of
operation for the existing nonconforming gas station would amplify the
incompatibility of the station with the surrounding residential neighborhood. The
elimination of auto repair hours on Saturday will not fully offset the increased
operating hours Monday through Friday.
2. The proposed use will be served by adequate transportation and service
facilities. This finding can be made. The project consists of an existing gas station.
The site fronts onto two main arterial streets. AC Transit bus routes are located in
close proximity. All other applicable public services are in place. No additional
services will be required.
3. The proposed use will not adversely affect other property in the vicinity. This
finding cannot be made because AMC Section 30 -20.3 specifically prohibits the
expansion of nonconforming uses. The project is located in a residential zoning
district that does not allow gas stations. The extension of the hours of operation to
include peak am and pm commute hours would constitute an expansion of use.
Alameda Planning Board
Staff Report
Meeting of June 11, 2007
Page 7
4. The proposed use relates favorably to the General Plan. The existing use is the
same or less intensive than the use legally established prior to the existing zoning
and General Plan land use designations; but, the proposed expansion of the
existing use would conflict with General Plan Policy 2.4(h) "Control nonresidential
development on sites adjoining residential neighborhoods to minimize nuisances."
The expansion in hours of operation Monday through Friday would constitute an
intensification of use that would be inconsistent with current Zoning and General
Plan designations.
IV. ENVIRONMENTAL REVIEW
No structural or physical alterations are proposed for this project. The reduction of auto
repair hours and subsequent increase of the less intensive gasoline sales hours of
operation would be a minor intensification of use. The project will not have a significant
effect on the environment and therefore is Categorically Exempt from additional
environmental evaluation pursuant to the California Environmental Quality Act Guidelines,
Section 15301- Existing Facilities. Additionally, CEQA does not apply to projects which a
public agency denies or rejects pursuant to Section 15270(a) - Projects that are
Disapproved.
V. PUBLIC NOTICE AND COMMENTS
Property owners and residents within 300 feet of the project's boundaries were notified of
the public hearing and given the opportunity to review and comment on the proposal. As of
May 30, 2007, the current request has generated 13 correspondences in opposition and
237 correspondences in support of the proposal, including 184 petitions provided by the
applicant with comments and signatures from each supporter. In addition, the Planning
Division has received 6 telephone messages in support of the proposal.
VI. RECOMMENDATION
Deny the Use Permit to extend the fuel service hours of operation in exchange for reduced
auto repair hours of operation based upon the findings contained in the draft resolution.
G:I PLANNINGI PB1 Reports12007106- 11- 07lB1anding_2601 B_UP07- 0002.doc
Alameda Planning Board
Staff Report
Meeting of June 11, 2007
Page 8
et€/19/2087 13 :58
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City Council
Public Hearing
Attachment 2 to
Agenda Item #5 -C
08 -21 -07
gage 1 of 1
Douglas Vu - Against Appeal of Denial of Use Permit UPO6-OO1O - N. Saidian & L.
Zekster -1310 Central Avenue
% Aar, .42-'
!iif,`,''' -�a'?: 'a°'....r. }' �k�1iti .:;ire:!!`!M-;i!,X�i7'.r;;t>i 'TTY iiiiil 3 '� 'i�.•t[y': r i• =
alliSMEMIESSMIMMIMENEIZZIEMMOU.EMMOSERN
From: "Ted Lee"
To:
Date: 8/5/2007 5:39 PM
Subject: Against Appeal of Denial of Use Permit UPO6-OO1O - N. Saidian & L. Zekster
-1310 Central Avenue
Dear Alameda Planning & Building Department,
I am writing to voice my opposition to the appeal for granting a permit for the extension
of operational hours for the Alameda Gasoline — Valero Station. I would much rather
prefer the station operate on Saturdays than to open up early in the morning at 7:OOAM
when most residents are still asleep. If the permit is approved, this will greatly affect the
whole neighborhood. Not only would the proposed hour extension change increase
traffic congestion in this residential neighborhood, the change would adversely affect the
quality of life, the neighborhood, and noise pollution which is noticeable during the day. I
am especially concerned about the high noise levels and increased traffic that will be
associated with this change. These factors will directly impinge on home life during the
mornings when residents are sleeping and during dinner hours, these are the precious
hours residents cherish for themselves and for their families. I chose to live in Alameda
for its small town quiet atmosphere and do not wish to see the neighborhood
commercialized and move away from its roots.
Sincerely,
Alameda Resident
Theodore Lee
City Council
Public Hearing
Attachment 3 to
Agenda Item #5 -C
08-21-07
file: / /C:\Documents and Settings \pb_userlLocal Settings \TemplXPgrpwise146B6OB6EA1am... 8/8/2007
ANONYMOUS COMPLAINT
Douglas Vu - 1125 MS 1310 CENTRAL LETTER OF 2007.08.03
Page 1 of 2
�` �. �^. iC} ��x•'`n''�::�� \:.:�.•���.... -.. ���:1 �.. �•l % ?:-= ���"I�v'. >he��'� -ti ice" \,
From: "Ken Carvalho"
To:
Date: 8/7/2007 3:18 PM
Subject: 1125 MS 1310 CENTRAL LETTER OF 2007.08.03
7 August 2007
City of Alameda
Mayor & City Council Members
2263 Santa Clara Avenue
Alameda, California 94501
Re: 1310 Central Avenue (Gas Station)
Dear Mayor & City Council Members,
I received my public notice in the mail and would like to go on record as being opposed to any hour
change. It is my understanding (from the multiple times before they have asked for extensions — and
been denied at the Planning board) that the Gas Station is a legal non - conforming use and can not get an
extension of operating hours without a reduction of hours which is required under the A.M.C. ( "that in
order for a non - conforming business to amend their Use Permit, they must agree to reduce something in
equal kind as a "trade off' "). Hence, in order to add hours they need to reduce hours. As I believe
they are not doing so, they need to be denied the hour extension. They purchased the business knowing
this was the "law ", they need to be held accountable to the "law" and not be given an exception —
otherwise what is the point of having the "laws" in the first place.
Thank you for your time.
Sincerely,
Ken & Connie Carvalho
file:/ /C:IDocuments and Settings\pb_user\Local Settings \Temp\XPgrpwise146B88D5DAlam... 8/8/2007
Mayor B_ Johnson
City Council
City of Alameda
2263 Santa Clara Avenue; Roca 120
Alameda, California
RECEIVED
IGOIJUL Ib AIl:j
CITY
CITY OFFICE
Re: IN SUPPORT OF EXTENT1ON OF HODS TO OPERATE 2kLAPIIEDA
V { LERO GAS ST tL 'HON, 131 CENT L AVE, DA, CA. 94591
•y
Dear Mayor and City Cecil,
1 am a regular customer of Alameda Valero Gas Station and i appreciate their sew � Rol _ m m e
owever, current hours of ~on ar very �n�en€ r iv d 1y,
the
gas station his of operation are 9 :00 a.m. to 6 :00 p.m_ Monday through Friday, and
Saturday until 4:00 p.m.
The opening time is very late and the closing time is too a y_ If the customers are
working they aren't able to regularly take advantage ofAlamtda Valero Gas Stations'
facility_
We request from you to permit this gas station to open at 7:00 a.m. and close at 8 :00 p .m.
These huffs are consistent with family life and work schedules for most of Alameda
citizens.
This facility is a benefit to the community and their hours should be extended an order to
better serve us.
Comments:
Sincerely yours,
4 AIAMEMINft ature)
rv1 6ev6-144:10(\ 0 1 c\-) f- (Print Name)
) 3 3 \ 1,04 M r T • -i DAL (Address)
r o --- 2- 1--- n (Phone Number)
Sivcke*
Re: Agenda Item 5 -C
08 -21 -07
Mayor B- Johnson
City Council
City of Alameda
2263 Santa Clara Ague, Room 120
Alameda, California
RECEIVED
1001 JUL iq A 9: 51
CITY
Y L
CLERKS OFFICE
ICE
Re: IN SUPPORT OF FA ON OF HOURS TO OPERAS ALAMEDA
VALERO GAS STATEtN, 131 CENTRAL AVE, ALAMEDA, CA. 945
Dear Mayor and City Council,
1 am a regular customer of Alameda Valero Gas Station and I appreciate their service.
However, current hours of operation are very inconvenient and testrictive_ Pertly, the
gas station hours of operafion are 9 :00 a.m. to 6:00 p.m_ Monday through Friday, and
Saturday until 4:00 p.m.
The arming time is very Late and the closing time is too early. if the customers are
working they aren't able to regularly take mivantage of Alameda Valero Gas Stations'
facil
request from you to permit this gas station to open at 7 :00 a.m. anti close at 8 :00 p.m.
These hours are consistent with family life and work schedules for most of Alameda
citizens.
This facility is a benefit to the community and their hours should be extended in order to
better serve us.
git-c_NC.Z?
lei!
(Print Name)
Address)
(Pine Nurnber)
Mayor B_ Johnson
City Council
City of Alameda
2263 Santa. Clara Ague, Room 120
Alameda, Califoa
RECEIVED
1001 JUL ic A 9: 51
CTY CI7�Y CLERK'S OFF CE
Re: IN SUPPORT OF EX ON OF HODS TO OPERATE ALAMEDA
VALE. t< GAS ST 1310 CENTRAL AVF, AIAMEDA, CA. 94591
Dear Mayor and City Council,
1 am a regular customer of Alameda Valero Gas Station and I appreciate their service.
However, current hours of won are very inconverieni and restrictive_ Presently, the
gas station helms s of operafion are 9 :00 a.m. to 6 :00 p.m_ Monday throve! Friday, and
Saturday until 4:00 pin.
The arming time is very late and the closing time is too early. If the customers are
working they aren't able to early take advantage of Alameda Valero Gas Stations'
facility_
We request from you to permit this gas station to open at 7:00 a.m. and chose at 8 :00 p.m.
"These hours are consistent with family life and work schedules for most of Alameda
citizens.
This facility is a benefit to the commimity and their hours should be extended in order to
better serve us.
Sincerely yews,
.4,,d (Signature)
t41, r (Print Name)
Co 1' /I 4: dam- (Address)
570 f - * � Number)
From: Beverly Johnson
To: Cathy Woodbury; Erin Garcia; Lana Stoker
Date: 8/6/2007 9:48 AM
Subject: Fwd: 1125 MS 1310 CENTRAL LETTER OF 2007.08.03
> >> "Ken Carvalho" <kenc@buestad.com> 8/3/2007 1:06 PM > >>
Mayor,
Please forward to the other City Council Members.
Ken
3 August 2007
City of Alameda
Mayor & City Council Members
2263 Santa Clara Avenue
Alameda, California 94501
Re: 1310 Central Avenue (Gas Station)
Dear Mayor & City Council Members,
1 received my public notice in the mail and would like to go on record as being opposed to the hour change. It is
my understanding (from the multiple times before they have asked for extensions — and been denied at the Planning
board) that the Gas Station is a legal non- conforming use and can not get an extension of operating hours without a
reduction of hours which is required under the A.M.C. ( "that in order for a non - conforming business to amend their
Use Permit, they must agree to reduce something in equal kind as a "trade off" ' ). Hence, the reduction of hours
on part of the operation (auto repair) on Saturday only does not meet the "equal trade off ", they increased the fuel
side & auto repair 20 hours per week and only eliminated 7 hours of operation on one part of the business -- so
hence the other part is still operating and thus not being reduced — the way I see it they are asking for a 20 hour
increase with no reduction of hours (closing part of the business on one day does not constitute a reduction). It
might be best if a matrix was put together to show this (see below).
Existing Hours Fuel Service Auto Repair
Monday — Friday 9:00 am — 6:00 pm 9:00 am -- 6:00 pm
Saturday 9:00 am — 4:00 pm 9:00 am — 4:00 pm
Sunday Closed Closed
Total Hours Business (entire parcel) is open for the week: 52 hours (104 if separate)
Proposed Hours Fuel Service Auto Repair
Monday --- Friday 7:00 am — 8:00 pm 7:00 am — 8:00 pm
Saturday 9:00 am — 4:00 pm Closed
Sunday Closed Closed
Total Hours Business (entire parcel) is open for the week: 72 hours (137 if separate)
Am 1 correct that they are increasing the hours ? Also, is the current "Use Permit" for each operation separate or
for the "parcel ". Hence the reduction of one portion does not matter, the total hours of operation (not combined for
each piece) of the business can not increase per the A.M.C.
If the Owner's want to put forth petition letters again in their favor, please make sure all have the legal address of
the signature and please make a map showing where those individuals live (in the past a lot have not been from the
immediate neighborhood).
Thank you for your time.
Sincerely,
Ken & Connie Carvalho
Ken & Connie Carvalho
The Baldwin & Pell House
1125 Morton Street
Morton Station
Alameda, California 94501
john McCabe
B21 Sherman Street
Alameda CA 94501
RECEIVED
August 6, 2007
Honorable Mayor Johnson and City Council Members
tool auc —
CTY OF ALAMEDA
CITY CLERK'S OFFICE
Subject: Do Not Change Gas Station Hours of Station at CentrallEncinallSherman
Streets
Dear Mayor Johnson and City Council Members:
When we moved into this neighborhood 9 years ago, there was a gas station about 1/2
block down the street. The hours and days of the week that it was allowed to be open
were limited.
Over the years, the gas station has changed hands several times. Several times, the then -
current owner of the gas station has requested a change (increase) in the hours and/or
days that it can be open. Each time, the City has denied the request.
Due to this history, it's clear that the current owners and operators of the gas station had
extensive knowledge of the conditions placed on this non - conforming use. Similarly, the
current neighbors have accepted the implications of buying property near this non-
conforming use, with the knowledge that its use permit limits it to the hours and days
currently established.
Alameda has plenty of gas stations. This location is a non - conforming use in a residential
neighborhood; as such, it has restrictions placed on its hours of operation to mitigate
against the negative impacts of the use.
All I'm asking is that the hours- and -days conditions that were in place when we
purchased our house nine years ago, which are the same conditions that were in place
when the current owners purchased the gas station, and which are the same conditions
that have been in place for many prior owners of the gas station, be kept in place.
An increase in the hours of operation would have adverse impacts to the neighborhood,
which others will list. There is not a sufficient offsetting benefit to justify the adverse
impacts.
Please uphold the decision of several prior City Councils and deny the request for
additional hours for the gas station.
Si eM�
ohn McCabe
Heather Abrams
1321 Sherman Street
Alameda CA 94501
August 6, 2007
Honorable Mayor Johnson and City Council Members
City Hall
Alameda CA 94501
RECEIVED
1110I AUG -1 A 8.39
CITY OF ALAMEDA
CITY CLERK'S OFFICE
Subject: Please Do Not Change Gas Station Hours for Station at
Central /Encinal /Sherman Streets
Dear Mayor Johnson and City Council Members:
Thank you for your many hours of service to our community. In our almost nine years
living in Alameda we have been very pleased with the direction the city is headed.
In those nine years, we have had to testify against changing the hours of the above gas
station four times. Each time, the owners have claimed that they will go out of business
if the hours were not changed. Clearly, this is false. Over the years we have heard a
variety of other falsehoods from the various related gas station owners. In the interest of
time, we'll skip refuting those claims and focus on our community concerns.
Our concerns are that if the gas station's hours are changed, we will suffer adverse
effects in terms of noise, traffic near our homes and school, gas and diesel related
pollution, and public safety issues associated with a primarily cash business.
Unfortunately, this time, we are not able to attend the City Council meeting scheduled to
hear the gas station's appeal of the planning board's decision -- we have small children
and a work commitment to attend to. However, we are confident that you will uphold the
City's commitment to protect its thriving neighborhoods. We know you understand that
residents have made a significant commitment of time and resources to the city.
In addition, we ask that the City restrict the applicant from reapplying for a change of
hours to every five years, so that we do not have to testify so often.
Thank you,
Heather Abrams
August 12, 2007
RECEIVED
City Council of Alameda 1001 AUG I S
2263 Santa Clara Avenue P 2: 00
Alameda, CA 94501 CITY OF ALAMEDA
CITY CLERK'S OFFICE
Re: Extension of Service Station Hours, Use Permit UP06 -0010
City Council Members,
We have lived at 1338 Sherman Street for 27 years. Our kitchen window looks
out directly on the gas station, and we have to live with the noise, traffic, and
bright Tight caused by the station.
Please do overturn the City Planning & Building Department's decision by
extending the hours of this gas station into the evening. Extending the hours of
operation just extends the disruption caused by this traffic, noise, and bright light
to what should be a time of quiet in our residential neighborhood.
The 4PM to 8PM period is when families are all together, and we should not be
subjected to more noise, traffic, and light pollution so the owners of the gas
station can make additional profits.
Gasoline and other services are located conveniently nearby at either Webster
Street or Park Street which are more appropriate locations for a gas station.
Additionally, a new station has opened adjacent to the new Nob Hill, and another
is scheduled for Towne Center.
The owners were aware when they bought this station that it had a non-
conforming use permit due to its location in an R-4 zone. They should accept the
fact that the hours of operation should rightfully be constrained by its location in a
residential neighborhood rather than a business district.
We do not believe that the gas station should even be allowed to exist at one of
the most dangerous intersections in Alameda - an intersection where 5 streets
come together and the site of many accidents.
To our knowledge, there was only one other gas station located in a primarily
residential area and at a similar intersection, that at the High, Fernside and
Gibbons intersection, and that station was removed and replaced with a very nice
single family home. 1 believe a single home or open space would be much more
appropriate to our neighborhood than a totally unnecessary gas station.
Furthermore, it will be dark during the proposed 4PM to 8PM hours during a
substantial portion of the year increasing the odds of accidents occurring at this
dangerous intersection. Added to this is the increased risk to pedestrians during
nighttime hours given the station's proximity to Franklin Park and Franklin
School.
If! were a member of the City Council, the increased risk of automobile and
pedestrian accidents should alone be enough to deny the extension of operating
hours.
In conclusion, it would be in the best interest of the neighborhood to eliminate the
gas station and definitely NOT to extend their operating hours.
Sincerely,
anti Sei disma
Cindy and Andy Goldsmith Or
1338 Sherman Street
Alameda, CA 94501
(510) 769 -8398
Approved as to Form
CITY OF ALAMEDA RESOLUTION NO.
UPHOLDING THE PLANNING BOARD'S DECISION TO DENY USE
PERMIT UPO6-OO1O TO EXTEND THE HOURS OF OPERATION FOR
FUEL SALES IN EXCHANGE FOR REDUCED AUTO REPAIR HOURS AT
THE GAS STATION LOCATED AT 1310 CENTRAL AVENUE
WHEREAS, an application was made on May 24, 2006, by Nissan Saidian
& Leon Zektser of 1310 Central Avenue requesting a Use Permit, UPO6 0010, to
allow extending hours of operation for gasoline sales to 7:00 am - 8:00 pm Monday
through Friday, and Saturdays 9:00 am - 4:00 pm in exchange for eliminating auto
repair on Saturday at the existing legal nonconforming service station facility at
1310 Central Avenue; and
WHEREAS, the application was accepted as complete on July 5, 200O; and
WHEREAS, the subject property is designated Medium Density Residential
on the General Plan Diagram; and
WHEREAS, the subject property is located in an R -4 (Neighborhood
Residential) Zoning District; and
WHEREAS, the gas station use on the subject property is a legal
nonconforming use; and
WHEREAS, the Planning Board of the City of Alameda scheduled a public
hearing on this application on August 14, 2000; and
WHERAS, the applicant requested the application be continued to a future
date; and
WHEREAS, the Planning Board of the City of Alameda held a public
hearing on this application on June 11, 2007 and examined pertinent maps,
drawings, documents and denied the application; and
WHEREAS, the Planning Board made the findings relative to the Use
Permit application for extending the hours of operation for the fuel sales use at the
Alameda Gas Station property, pursuant to AMC Section 30 -21.3 and AMC
Section 3020.4; and
WHEREAS, the applicant appealed the decision of the Planning Board on
June 20, 2007; and
WHEREAS, the City Council of the City of Alameda held a public hearing
on this application on August 21, 2007, and examined pertinent maps, drawings,
documents and upheld the Planning Board's decision to deny the application; and
Resolution #5 -O
08 -21 -07
WHEREAS, the City Council made the following findings relative to the Use
Permit application for extending the hours of operation for the fuel sales use at the
Alameda Gas Station property, pursuant to AMC Section 30-21.3 and AMC
Section 30 -20.4:
1. The location of the proposed use is compatible with other land uses in
the area. AMC Section 30 -20.4 specifically prohibits the expansion of
nonconforming uses. The project is located in a residential zoning district
that does not allow gas stations. Extending the hours of operation for the
existing nonconforming gas station would amplify the incompatibility of the
station with the surrounding residential neighborhood. Therefore, staff
cannot make this finding.
2. The proposed use will be served by adequate transportation and
service facilities. The project consists of an existing gas station. Most
people drive to gas stations. The site fronts onto two main arterial streets.
AC Transit bus routes are located in close proximity.
3. The proposed use will not adversely affect other property in the
vicinity. AMC Section 30 -20.4 specifically prohibits the expansion of
nonconforming uses. The project is located in a residential zoning district
that does not allow gas stations. The extension of the hours of operation
to include peak am and pm commute hours would constitute an expansion
of use. Therefore, staff cannot make this finding.
4. The proposed use relates favorably to the General Plan. The existing
use is the same or less intensive than the use legally established prior to
the existing zoning and General Plan land use designations, but the
proposed expansion of the existing use would conflict with General Plan
Policy 2.4(h) "Control nonresidential development on sites adjoining
residential neighborhoods to minimize nuisances." The expansion in hours
of operation Monday through Friday would constitute an intensification of
use that would be inconsistent with current Zoning and General Plan
designations. Therefore, staff cannot make this finding.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that
since no structural or physical alterations are proposed for this project, the project
will not have a significant effect on the environment and therefore is Categorically
Exempt from additional environmental evaluation pursuant to the California
Environmental Quality Act Guidelines, Section 1 5301 - Existing Facilities.
Additionally, CEQA does not apply to projects which a public agency denies or
rejects pursuant to Section 15270(a) - Projects that are Disapproved; and
NOTICE. No judicial proceedings subject to review pursuant to California
Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90)
days following the date of this decision plus extensions authorized by California
Code of Civil Procedure Section 1094.6.
1, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 21st day of August, 2007, by the following vote
to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the
seal of said City this day of , 2007.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
Memorandum
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 21, 2007
Re: Introduce an Ordinance Amending the Alameda Municipal Code by
Amending Various Sections of Chapter 11 (Administration), to Address the
Transportation Commission's Purpose and Authority, Repealing and
Amending Various Sections of Chapter VIII (Traffic, Motor Vehicles and
Alternative Transportation Modes) and Chapter XII (Designated Parking)
to Reassign the Powers and Duties of the "Technical Transportation
Team" to the Public Works Director and the Chief of Police, and Also
Designate the Transportation Commission as the Initial Hearing Body for
the Administration of Operational Issues Associated with All City
Transportation
BACKGROUND
The Technical Transportation Team (TTT) is an interdepartmental committee comprised
solely of City staff members representing the Police, Public Works, Development
Services and Planning and Building departments. The TTT is authorized by the
Alameda Municipal Code (AMC) to make decisions on transportation operational issues
that are non - routine or may have conflicting public views. In order to streamline and
improve decision - making for these issues, staff proposes to reassign the current TTT
responsibilities to the Public Works Director or Police Chief, depending on the issue.
Decisions of the Public Works Director under the proposed ordinance would be the
same as the existing TTT notification process and would similarly be appealable. The
Transportation Commission (TC) would be the initial appeal board for the Public Works
Director's transportation operational decisions. Any decision of the TC will still be able
to be appealed to the City Council.
In addition, on May 7, 2007, the City Council held a joint meeting with the TC and
discussed having the TC actively explore and develop strategies to reduce the number
of single occupant vehicle (SOV) trips at the Webster /Posey Tubes and the Bay Farm
Island (BFI) Bridge and provide review and comment on transportation - related
documents, including environmental documents. The AMC currently authorizes the TC
to make policy recommendations to the City Council but does not empower the TC to
conduct transportation project - related activities. Therefore, the AMC needs to be
revised to provide these additional authorities.
City Council
Report Re:
Agenda Item #5 -D
08- 2'1 -07
Honorable Mayor and August 21, 2007
Members of the City Council Page 2 of 4
The TC, at its July 25, 2007, meeting, reviewed the proposed AMC changes to reassign
the responsibilities of the TTT and expand the authority to the TC as requested by the
City Council and unanimously supported the proposed changes.
DISCUSSION
A brief overview of the existing responsibilities and proposed revisions related to
transportation operational issues in the City is provided below and is summarized in the
attached Table 1.
Technical Transportation Team (TTT):
Existing Duties - Section 8 -1.4 of the AMC assigns the TTT as the hearing body for
decisions on transportation operational issues that are non - routine or may have
conflicting public views. Non - routine transportation operations decisions include
establishing parking prohibitions, parking restrictions, stop intersections, loading zones,
parking meter locations, and other similar projects. The TTT is also the hearing body
for the abatement of abandoned and inoperative vehicles.
Proposed Changes - All of the present transportation operational responsibilities of the
TTT will be assigned to the Public Works Director. Vehicle abatement responsibilities
will be assigned to the Police Chief. Transportation operational decisions will be based
on traffic engineering studies or principles for the safe and adequate flow of all affected
modes of transportation. The Public Works Director may elect to have the TC hear an
item when conflicting public views are likely. Prior to implementing the decision, the
Public Works Director will provide a notice to the affected parties along with the details
of the appeal process, similar to the current TTT notification process.
Transportation Commission (TC):
Existing Duties -- Section 2 -8 of the AMC, which establishes and outlines the
responsibilities of the TC, currently empowers the TC to provide transportation policy
recommendations to the City Council through the development and monitoring of policy
documents, such as the Transit, Bike, Circulation, and Pedestrian Plans, as well as
review proposed plans and policies with the Planning Board, as appropriate.
Proposed Changes — The TC will be authorized to review and comment on
transportation - related documents. This will include the current practice of having the TC
review and comment on the transportation - related sections of environmental documents
and provide comments to the Planning and Building Department for inclusion in the staff
report for the Planning Board. In addition, the TC will be empowered to provide input
and review analyses on specific transportation projects, when directed by the City
Council. The TC will also be the approval body for decisions related to angled parking.
Honorable Mayor and August 21, 2007
Members of the City Council Page 3 of 4
Appeals of Transportation Operational Decisions:
Existing Process — Section 8 -1.5 of the AMC provides for a bifurcated appeal process
of a TTT decision. If the appeal is related to a transportation policy, the appeal is
initially heard by the TC, and may be subsequently appealed to the City Council. An
appeal of a transportation operational issue is appealed directly to the City Council.
This appeal process is cumbersome since residents may have to attend three separate
hearings; the TTT for the initial decision, the TC for the initial appeal, and the City
Council for final resolution of the decision.
Proposed Changes — The appeal process is streamlined, and the number of public
hearings is reduced to a maximum of two hearings. Decisions made by the Public
Works Director may be appealed to the TC, and TC decisions may be appealed to the
City Council. Appeals of the Police Chief's decisions regarding vehicle abatement will
still be able to be appealed directly to the City Council.
Miscellaneous Proposed Alameda Municipal Code Changes:
In addition to the AMC changes described above and summarized in Table 1, there are
a number of minor changes being recommended by staff regarding AMC Chapters 11,
VIII, and XII. These changes largely consist of the following:
• Remove references to the duties of the TTT.
• Update references to Caltrans standards, as the most recently adopted
standards have a different title.
• Modify language to improve clarity.
• Update Finance Department information for parking citation payment.
BUDGET CONSIDERATION /FINANCIAL IMPACT
The proposed code changes are expected to result in a minor savings in staff costs
associated with not holding monthly TTT meetings.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
The AMC Chapter 11, Chapter VIII, and Chapter XII are being modified via introduction of
this ordinance. Each of the sections has been thoroughly analyzed and found to be
compatible with the proposed amendment to the AMC.
Honorable Mayor and August 21, 2007
Members of the City Council Page 4 of 4
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), this project is
Categorically Exempt under CEQA Guidelines, Section 15061(b)(3), Review for
Exemption.
RECOMMENDATION
Introduce an ordinance amending the AMC by amending various sections of Chapter 11
(Administration), to address the TC's purpose and authority, repealing and amending
various sections of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation
Modes) and Chapter XII (Designated Parking) to reassign the powers and duties of the
"TTT" to the Public Works Director and the Chief of Police, and also designate the TC
as the initial hearing body for the administration of operational issues associated with all
City transportation.
Respec f y submitted, • Respectfully submitted,
Matthew T. Naclerio
Public Works Director
DiDatA -R.\\anu
By: Obaid Khan �
Supervising Ci it Engineer
MTN:OK:gc
Walter B. Tibbet
Chief of Police
Attachment:
1. Summary of Proposed Changes in Responsibilities for Traffic Operations
TABLE 1 -- SUMMARY OF PROPOSED CHANGES IN RESPONSIBILITIES
FOR TRAFFIC OPERATIONS
Operational Issue
Placement of traffic
control officers
Stop intersections
No Parking Zones
Parking prohibition,
specified hours
Parking prohibition,
street sweeping
Parking time limits
Temporary parking
prohibitions (72
hours)
Angled parking
Disabled parking
Official Vehicle Pkg.
Vision safety zone
(intersection
visibility)
Carpool parking
Loading zones
Establishment of no
cruising zones
Relevant
AMC
Section
8 -1.6
8 -2.2
8 -7.1
8 -7.2
8-7.2
8 -7.3
8- 7.4(b)
8 -8.1
8 -8.3
8 -8.4
8 -8.5
8 -8.8
8 -11.1
8 -14.3
Current Authority
Police Chief
TTT recommends
locations to City
Council
TTT
TTT
PWD
TTT
Chief of Police
City Council; TTT
designates spaces
TTT
Not assigned
TTT
Planning and
Building Director
PWD
TTT
Current
Initial
Appeal
Body
N/A
City Council
City Council
City Council
City Council
City Council
City Council
City Council
City Council
N/A
City Council
City Council
City Council
City Council
Page 1 of 2
Proposed
Authority
Police Chief in
consultation with
PWD
PWD, based on
warrants or local
standards
PWD
PWD
PWD
PWD
Police Chief in
consultation with
PWD
TC; PWD to
designate specific
spaces
PWD
City Manager
PWD
Planning and
Building Director,
with PWD
PWD
Police Chief, with
PWD
Proposed
Initial Appeal
Body*
N/A
TC
TC
TC
TC
TC
City Council
City Council
TC
City Council
TC
City Council
TC
City Council
City Council
Attachment to
Agenda Item #5 -D
08 -21 -07
r
Operational Issue
Relevant
AMC
Section
Current Authority
Current
Initial
Appeal
Body
Proposed
Authority
Proposed
p
Initial Appeal
Body*
Y
Pedestrian signal
8 -20.3
Recommended by
PWD, approved by
TTT
City Council
PWD
TC
Safe routes to
school
8 -20.4
TTT, recommended
by Police Chief and
y
AUSD
City Council
y
PWD in -
consultation with
Police Chief and
AUSD
TC
Vehicle abatement
8-22.11
TTT
City Council
i
Police Chief
Hearing
Officer
Temporary truck
routes
8- 24.1(a)
Police Chief
City Council
Police Chief in
consultation with
PWD
City Council
Time of operation of
truck routes
8-24.'1(b)
TTT
PWD
City Council
PWD
TC
Parking prohibition,
transit sto s
p
8 -27.3
City Council
PWD
TC
Parking meters
within parking meter
zones
12 -12.1
TTT
City Council
_
PWD
TC
(Note: TC = Transportation Commission, TTT = Transportation Technical Team, PWD = Public Works
Director, AUSD = Alameda Unified School District)
* Any Transportation Commission decision may be appealed to the City Council.
Page 2 of 2
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING ALAMEDA MUNICIPAL CODE BY AMENDING VARIOUS
SECTIONS OF CHAPTER 11 (ADMINISTRATION ) TO ADDRESS THE
TRANSPORTATION COMMISSION'S PURPOSE AND AUTHORITY,
REPEALING AND AMENDING VARIOUS SECTIONS OF CHAPTER VIII
(TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES) AND CHAPTER XII (DESIGNATED PARKING) TO REASSIGN THE
POWERS AND DUTIES OF THE "TECHNICAL TRANSPORTATION TEAM" TO
THE PUBLIC WORKS DIRECTOR AND THE CHIEF OF POLICE, AND ALSO
DESIGNATE THE TRANSPORTATION COMMISSION AS THE INITIAL
HEARING BODY FOR THE ADMINISTRATION OF SPECIFIED OPERATIONAL
ISSUES ASSOCIATED WITH ALL CITY TRANSPORTATION
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by
amending subsections 2 -8.1 (Committee Established; Purpose), and 2 -8.5 (Duties)
of Section 2 -8 (Transportation Commission) of Article 11 (Boards and
Commissions) of Chapter 11 (Administration) to read as follows:
CHAPTER 11 ADMINISTRATION
2 -8 TRANSPORTATION COMMISSION.
2 -8.1 Committee Established; Purpose.
The Transportation Commission is hereby established and authorized to
perform the functions set forth herein. The Transportation Commission shall
advise the City Council on City transportation policies, through the development of
transportation plans including but not limited to Transit Plan, Bike Plan, Circulation
Plan, Pedestrian Plan, Ferry Plan, and Transportation Demand Management Plan,
and shall monitor, via quarterly staff reports, implementation of approved
transportation plans and policies. The Transportation Commission shall review
proposed plans and policies with the Planning Board, where appropriate, rior to
p
making recommendations to Council. The Transportation Commission shall also
review transportation related documents and provide comments. In addition, the
Commission may review and comment on transportation projects, when directed
by the City Council. In no event shall the authority of the Transportation
Commission subvert, duplicate, or lessen the authority, duties, and responsibilities
of existing City Committees, Commissions, Boards, and City Manager.
2 -8.5 Duties.
It shall be the duty of the Transportation Commission to:
a. Develop transportation policy recommendations for
Council approval. Such policy recommendations shall be consistent with
Introduction of Ordinance #5 -D
08 -21 -07
other adopted City plans and policies. The Transportation Commission
shall consider the economic, community development (including
environmental, aesthetic, public health and safety, and social welfare)
and legal impacts of any recommended policies.
b. Review and advise the appropriate City departments,
committees, commissions, boards, and City Manager on transportation
related documents.
c. Review and advise City Council on transportation
projects, as directed by the City Council.
d. Adopt rules and regulations for the conduct of the
meetings and business.
e. Select from its membership a Chairperson and a Vice
Chairperson, each of whom shall serve in such offices for a term of one
(1) year or until successors are selected. The Secretary of the
Transportation Commission shall be the City Engineer or his or her
designee.
f. Review and provide recommendations on referrals
submitted by Public Works Director pursuant to Alameda Municipal
Code subsections 8 -1.1, 8 -5.1, 8 -8.1, 8 -20.3, 8 -20.4, 8 -27.3.
g. Perform the role as an appeals hearing board as
designated in Alameda Municipal Code subsection 8 -1.3.
Section 2. The Alameda Municipal Code is hereby amended by
repealing subsections 8 -1.1 (Definitions), 8 -1.2 (Qualification; Quorum; Voting), 8-
1.3 (Meeting), 8 -1.4 (Duties), and 8 -1.5 (Appeal of Technical Transportation Team
Decisions) of Section 8 -1 (General) of Chapter VIII (Traffic, Motor Vehicles and
Alternative Transportation Modes) in their entirety.
Section 3. The Alameda Municipal Code is hereby amended by adding
new subsections 8 -1.1 (Duties), 8 -1.2 (Notice of Decision), and 8 -1.3 (Appeal of
Public Works Director Decisions), and 8 -1.6 (Place of Traffic Control) of Section 8-
1 (General) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation
Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -1 GENERAL.
8 -1.1 Duties
It shall be the duty of the Public Works Director to:
a. Develop transportation implementation plans, standards and
procedures, based upon generally accepted transportation engineering
and planning standards and principles, to ensure the orderly operations
of the City's transportation systems. Such plans shall be consistent with
other adopted City plans and policies. If no related City policy has
previously been adopted, the proposed plan, standard or procedure
and any proposed recommended policy drafted by the Public Works
Director shall be referred to the Transportation Commission for possible
recommendation to City Council.
b. Based upon recommendations made by Public Works
engineering and transportation staff, utilize transportation
implementation plans, standards and procedures, administer and
decide routine transportation operational issues. The Public Works
Director, may refer the transportation operational issue to the
Transportation Commission to seek its recommendation.
8 -1.2 Notice of Decisions.
Prior to executing decisions pursuant to his/her authority granted pursuant
to Alameda Municipal Code subsections 8 -2.2, 8 -7.1, 8 -.7.2, 8 -7.3, 8 -8.3, 8 -8.5, 8-
8.11, 8 -20.3, 8- -20.4, 8- 8.241(b), 8 -27.3, and 12-12.1, the Public Works Director
shall provide a written notice of his/her decision(s) to properties within one
hundred (100) feet of the subject location and to as many other persons as
he/she may deem advisable. The notice shall provide information on the appeal
process.
8 -1.3 Appeal of Public Works Director Decisions.
a. An appeal of a decision of the Public Works Director pursuant to
sub-section 8--1.2 shall be heard by the Transportation Commission. Any
interested person may file an appeal of a decision of the Public Works
Director by obtaining an appeal form from the Public Works Department or
filing a letter with the Public Works Department. In the appeal, the
applicant shall specifically state the basis of the appeal and provide facts
supporting the basis. The appellant shall submit the appeal to the Public
Works Department within ten calendar (10) days of the Public Works
Director's decision along with the appeal fee as set forth by the Master Fee
Resolution. Appeals will be considered by. the Transportation Commission
no later than the third regularly scheduled Transportation Commission
meetings following the submittal of the appeal.
b. In the event that it is not reasonable to provide prior notice of
his/her decision as defined in Subsection 8 -1.2 due to imminent safety
concerns to the public, the Public Works Director may act to ensure the
safety of the public on the City's transportation system and abate the public
safety concern prior to issuance of his/her decision. Notice of the action
taken due to imminent safety concerns to the public shall be provided
within two business days of the action. The Public Works Director shall
record all evidence, including the statement of any experts and
photographs and video recordings of the condition of the transportation
concern, together with a statement of his or her findings which support the
immediate action. An action of the Public Works Director taken due to
imminent safety concerns to the public may be appealed in the manner set
forth in this sub - section.
8 -1.6 Place of Traffic Control.
The Chief of Police, in consultation with Public Works Director, is hereby
granted the power to determine the streets and intersections on which, and the
times at which, the movement of traffic shall be directed by a police officer.
Section 4. The Alameda Municipal Code is hereby amended by
amending subsections 8 -2.2 (Stop Intersections), 8 -2.3 (Yield Right of Way
Intersections), 8 -2.4 (Vehicles Must Stop at Through Highways) 8 -2.5 (Traffic
Markings, Signage and Striping), and 8 -2.8 (Yield Signs) of Section 8 -2 (Stop
Intersections and Yield Intersections) of Chapter VIII (Traffic, Motor Vehicles and
Alternative Transportation Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -2 STOP INTERSECTIONS AND YIELD INTERSECTIONS.
8 -2.2 Stop Intersections.
The Public Works Director shall, designate and establish stop intersections
within the City of Alameda based on warrant systems established by the State of
California Manual on Uniform Traffic Control Devices and/or locally established
transportation standards tailored to address the unique transportation
circumstances of the City of Alameda. In determining the need for stop
intersections, the Public Works Director shall ensure that the new stop control
does not divert a significant percentage of traffic to other neighborhoods or streets.
As appropriate, the Public Works Director shall include an area -wide analysis of
stop controls to ensure the impacts associated with the movement of traffic in
residential neighborhoods are adequately addressed to local standards. Stop
intersections shall be ordered installed and maintained by the Public Works
Director. Records detailing the locations of stop intersections shall be maintained
by the Public Works Director.
8 -2.3 Yield Right of Way Intersections.
The Public Works Director is hereby authorized to designate yield
intersections for intersections of public streets and highways within the City.
Designation of yield intersection shall be based on warrant systems established by
the State of California Manual on Uniform Traffic Control Devices and/or locally
established transportation standards tailored to address the unique transportation
circumstances of the City of Alameda. Yield signs shall be ordered erected and
maintained by the Public Works Director. Records of the locations and yielded
movements shall be maintained in the Public Works Department.
8 -2.4 Vehicles Must Stop at Through Highways.
The driver of any vehicle upon approaching any entrance of a through
highway or intersection controlled by a stop sign, as provided in this Code, shall
stop at such sign before entering or crossing such highway or intersection;
provided that the provisions of this subsection shall be non - operative at any such
intersection when the traffic thereat is directed and controlled by an officer, flag
person, semaphore or other traffic control device.
8 -2.5 Traffic Markings, Signage and Striping.
The Public Works Director is hereby authorized to designate all traffic
markings, signage and striping required to control traffic within the City. All traffic
markings, signage and striping shall conform to uniform standards of size, shape,
and location as defined in the State of California Manual on Uniform Traffic Control
Devices for Streets and Highways. Except as otherwise specified herein, the
Public Works Director shall cause to be installed and maintained all traffic
markings, signage and striping described herein.
8 -2.8 Yield Signs.
Unless otherwise specifically provided by the California Vehicle Code, the
yield signs required in this section shall be erected at a height of not less than four
(4') feet nor more than ten (10') feet from the ground, and shall carry the message
"Yield Right -of -Way" with letters of the word "yield" at least six (6 ") inches in
height, and shall otherwise conform to the specifications as set forth in the State of
California Manual on Uniform Traffic Control Devices for Streets and Highways.
The sign shall be placed on the right hand side of the street or highway at the
entrance thereof into such street or highway to which the right-of-way is yielded.
Section 5. The Alameda Municipal Code is hereby amended by
amending subsections 8 -4.4 (U Turns Prohibited) and 8 -4.5 (Left Turns Restricted
or Prohibited) of Section 8-4 (Turns and Approaches at Intersections) of Chapter
Vi l I (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as
follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -4 TURNS AND APPROACHES AT INTERSECTIONS.
8-4.4 U Turns Prohibited.
The Public Works Director is hereby authorized, whenever traffic
engineering studies or principles so indicates that for the safety or adequate flow
of traffic, to prohibit U -turns at any particular intersection or place. The Public
Works Director shall cause to be installed and maintained appropriate signage and
markings at each such intersection and place. Records of the locations and
prohibited movements shall be maintained in the Public Works Department.
8 -4.5 Left Turns Restricted or Prohibited.
The Public Works Director is hereby authorized, whenever traffic
engineering studies or principles indicate for the safety or adequate flow of an
intersection, to prohibit or restrict left turns at any intersection or place. The Public
Works Director shall cause to be installed appropriate signage and markings at
such locations. Records of the locations and prohibited or restricted movements
shall be maintained in the Public Works Department .
Section 6. The Alameda Municipal Code is hereby amended by
amending subsection 8 -5.1 (Establishing Local Prima Facie Speed Limits) of
section 8 -5 (Prima Facie Speed Limits) of Chapter VIII (Traffic, Motor Vehicles
and Alternative Transportation Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -5 PRIMA FACIE SPEED LIMITS.
8 -5.1 Establishing Local Prima Facie Speed Limits.
The Public Works Director, in consultation with the Chief of Police, shall
establish the prima facie speed limit on streets within the City of Alameda to
facilitate the safe and orderly movement of all modes of transportation. The prima
facie speed limits shall be established by ordinance or resolution pursuant to the
applicable provisions of the California Vehicle Code. The prima facie speed limit
shall become effective when appropriate signs, giving notice thereof, are erected
upon the street. The Public Works Director may refer the issue to the
Transportation Commission to seek its recommendation. The Public Works
Director shall cause to be installed and maintained speed limit signs.
Section 7. The Alameda Municipal Code is hereby amended by
amending subsection 8-6.1 (Decreases in Weight Limits for Local Streets) of
Section 8 -6 (Limiting the Use of Streets to Certain Class Of Vehicles) of Chapter
VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as
follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8-6 LIMITING THE USE OF STREETS TO CERTAIN CLASS OF
VEHICLES
8 -6.1 Decreases in Weight Limits for Local Streets.
The Public Works Director is hereby authorized, whenever traffic
engineering studies or principles indicate for the safety or adequate flow of traffic,
to decrease the weight limits for any street or portion of street which shall be
effective when appropriate signage is erected giving notice thereof. It shall be
unlawful for any owner, operator or driver of any motor vehicle whose gross weight
exceeds three (3) tons except for those vehicles excepted by the California
Vehicle Code, to drive, operate, stop , stand or park such vehicles at any time
upon such designated streets. The Public Works Director shall cause to be
installed and maintained appropriate signage indicating the restrictions herein
imposed in a manner which will serve to give notice thereof. Records detailing
locations and restricted weights shall be maintained in the Public Works
Department.
Section 8. The Alameda Municipal Code is hereby amended by
amending subsections 8 -7.1 (Parking Prohibited at All Times), 8 -7.2 (Parking
Prohibited During Certain Hours), 8 -7.3 (Parking Time Limits) and 8 -7.4
(Temporary Parking Prohibitions), of Section 8 -7 (PARKING PROHIBITIONS) of
Chapter VIII (Tragic, Motor Vehicles and Alternative Transportation Modes) to
read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -7 PARKING PROHIBITIONS.
8 -7.1 Parking Prohibited at All Times.
The Public Works Director is hereby authorized, whenever traffic
engineering studies or principles indicate for the safety or adequate flow of traffic,
to establish streets or portions thereof where parking is prohibited at all times.
These prohibitions shall be effective where appropriate signage is installed giving
notice thereof or curbs painted red. Except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer or traffic control
signal device, it shall be unlawful to stop, park or leave standing any vehicle,
whether attended or unattended, on the designated named streets or portions
thereof, at any time. The Public Works Director shall cause to be installed and
maintained signage and/or red curbs. Records detailing the locations and limits of
parking prohibitions shall be established and maintained in the Public Works
Department.
8 -7.2 Parking Prohibited During Certain Hours.
The Public Works Director is hereby authorized, whenever traffic
engineering studies or principles indicate for the safety or adequate flow of traffic,
to prohibit parking during specified hours on streets or portions thereof. The
prohibitions shall be effective when appropriate signage is installed giving notice
thereof. It shall be unlawful to stop, park or leave standing any vehicle, whether
attended or unattended, except when necessary to avoid conflict with other traffic
or in compliance with the directions of a police officer or traffic control signal
device, on the designated streets or portions thereof, during those hours. The
Public Works Director shall cause to be installed and maintained signage of these
prohibitions. Records shall be established and maintained by the Public Work
Director detailing the location and limits of these prohibitions.
8 -7.3 Parking Time Limits.
The Public Works Director is hereby authorized, based upon what generally
accepted transportation engineering and planning standards and principles
indicate for the safety or adequate flow of traffic, to designate time limits and hours
of operation for parking on any street or portion thereof. These limits shall be
effective when appropriate signage notifying thereof are installed. It shall be
unlawful for any person to park any vehicle or allow the same to remain standing
continuously for more than the time limit shown during the hours listed, at any of
the places so designated. The Public Works Director shall cause to be installed
and maintained appropriate signage detailing the hours of operation and time
limits. Records shall be maintained by the Public Works Director which details the
location, time limits and hours of operation of designated areas.
8 -7.4 Temporary Parking Prohibitions.
a. Whenever the use of a street or portion thereof is authorized for
the movement of structures or vehicles of unusual size, parades, or
construction and repairs to streets, it shall be unlawful to park on that
portion of the street where signs giving notice that parking is prohibited and
subject to tow have been posted at least twenty-four (24) hours prior to
towing.
b. Whenever the Chief of Police, in consultation with Public Works
Director, determines that an area has been subjected to excessive
congestion as a result of unusually heavy parking, the Chief may order that
the area be posted as a no parking zone for a period not to exceed seventy -
two (72) hours.
Section 9. The Alameda Municipal Code is hereby amended by
amending subsections 8 -8.1 (Angled Parking), 8 -8.3 (Parking for Disabled), 8 -8.4
(Official Vehicles Designated Areas), and 8 -8.5 (Vision Safety Zones) of Section
8 -8 (GENERAL PARKING REGULATIONS) of Chapter VIII (Traffic, Motor
Vehicles and Alternative Transportation Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -8 GENERAL PARKING REGULATIONS.
8 -8.1 Angled Parking.
Recommendations for new angled parking locations shall be made by the
Public Works Director to the Transportation Commission for approval, whenever
traffic engineering studies or principles indicate the safe and adequate flow of all
modes of transportation can be accommodated. Upon approval by the
Transportation Commission of the public street(s) or portion(s) thereof that should
contain angled parking spaces, the Public Works Director shall designate and
establish the specific locations and number of angled spaces. Vehicles placed in
areas so designated shall be parked at the angle designated and shall park
entirely within the marked spaces. The Public Works Director shall cause to have
installed and maintained pavement markings which designate the angled parking
spaces. Records detailing the areas and angles for such parking shall be
established and maintained in the Public Works Department.
8 -8.3 Parking for Disabled.
The Public Works Director is hereby authorized to designate parking
spaces for the disabled within public parking facilities or on any public street or
portion thereof, based upon generally accepted transportation implementation
standards and procedures. The Public Works Director shall cause to be installed
and maintained appropriate signage and/or blue curb markings designating them
as such. Records shall be established and maintained detailing these locations
and shall be available at the Public Works Department.
8 -8.4 Official Vehicles Designated Areas.
The City Manager, or his/her designee, is hereby authorized to designate
parking spaces for official City of Alameda vehicles and official vehicles from other
governmental jurisdictions within public parking facilities or on any public street or
portion thereof. It shall be unlawful for any person to stop, park, or leave standing,
any vehicle, except official City of Alameda vehicles and official vehicles from
other governmental jurisdictions, in any area designated by appropriate signage.
Records shall be established and maintained detailing these locations and shall be
available at the Public Works Department.
8 -8.5 Intersection Visibility Zones.
The Public Works Director is hereby authorized, based upon what generally
accepted transportation engineering and planning standards indicate for the safety
or adequate flow of traffic to designate Intersection Visibility Zones, in accordance
with the CVC Section 22507(a), at or near any intersection. The Public Works
Director shall cause to be installed and maintained signage and markings
designating the restriction and the limit of the zone. Records shall be established
and maintained detailing these locations and shall be available at the Public Works
Department.
8 -8.8 Carpool parking.
The Planning and Building Department Director, in consultation with Public
Works Director, shall cause to be installed and maintained carpool parking at new
developments in a manner and quantity as required in adopted City policies.
Section 10. The Alameda Municipal Code is hereby amended by
amending subsection 8 -11.1 (Establishment of and Regulations Pertaining to
Loading Zones) of Section 8 -11 (LOADING ZONES) of Chapter VIII (Traffic, Motor
Vehicles and Alternative Transportation Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -11 LOADING ZONES.
8 -11.1 Establishment of and Regulations Pertaining to Loading Zones.
a. The Public Works Director is hereby authorized, based upon what
generally accepted transportation engineering and planning standard
indicate for the safety or adequate flow of traffic, to designate the location of
loading zones and shall designate such zones by paint upon curbs or by
appropriate signs.
b. The operator of a vehicle is permitted to stop the vehicle for a
period of time no longer than is necessary for the loading or unloading of
passengers or materials, provided that the loading or unloading of
passengers shall not consume more than ten (10) minutes, nor the loading
or unloading of materials more than thirty (30) minutes in the following
locations
1. Any marked loading zone;
2. Any marked bus zone;
3. Municipal parking lots.
c. Within any business district, not more than one -half (1/2) of the
total curb length in any one block may be set apart as a loading zone.
d. Records shall be established and maintained detailing these
locations and shall be available at the Public Works Department.
Section 11. The Alameda Municipal Code is hereby amended by
amending subsection 8 -12.3 (Request for Initial Review) of Section 8 -12 (RULES
OF PROCEDURE GOVERNING THE CONTEST OF PARKING CITATIONS AND
EQUIPMENT VIOLATIONS) of Chapter VIII (Traffic, Motor Vehicles and
Alternative Transportation Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -12 RULES OF PROCEDURE GOVERNING THE CONTEST OF
PARKING CITATIONS AND EQUIPMENT VIOLATIONS.
8 -12.3 Request for initial Review.
a. Time to Make Request. Any person receiving a parking citation or
an equipment violation entered on a notice of parking violation may request
an initial review of the citation by making a request not later than twenty -
one (21) calendar days from the issuance of the notice of parking violation
or not later than fourteen (14) days from the mailing of a notice of
delinquent parking violation.
b. Manner of Making Request. Any person making a request for an
initial review may do so either by written request or in person at the City of
Alameda, Finance Department.
c. Initial Review; Cancellation of Citation. An initial review shall be
conducted upon a request properly made. The notice of parking violation or
notice of delinquent parking violation may be canceled if the initial review
determines that:
1. The violation did not occur;
2. The registered owner was not responsible for the violation;
3. There are extenuating circumstances which make dismissal of the
citation appropriate in the interests of justice.
d. Notification of Determination of Initial Review. Within five (5) days
of the determination of the initial review, the Finance Department shall
notify the person in writing of the results of the initial review. The initial
review shall be conducted by the Traffic Sergeant of the Alameda Police
Department.
Section 12. The Alameda Municipal Code is hereby amended by
amending subsection 8 -14.3 (No Cruising Zones) of Section 8 -14 (CRUISING) of
Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to
read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -14 CRUISING.
8 -14.3 No Cruising Zones.
a. Posting of No Cruising Zones.
1. This section shall be enforced on any thoroughfare which has
been posted as a "No Cruising Zone."
2. No Cruising signs shall be posted at the beginning and end of any
public street or highway which is a No Cruising Zone. The signs shall
reference California Vehicle Code Section 21100(k) and this section.
b. Establishment and Policy of No Cruising Zones. The Chief of
Police, in consultation with the Public Works Director, is hereby authorized
to designate No Cruising Zones. The Public Works Director shall cause to
install and maintain no cruising signage at the beginning and end of any
public street or highway which has been established as a No Cruising Zone.
Records shall be established and maintained detailing these locations and
shall be available at the Public Works Department.
Section 13. The Alameda Municipal Code is hereby amended by
amending subsection 8 -17.1 (Driving on Estuary Bridges After Opening Signal) of
Section 8 -17 (TRAFFIC ON BRIDGES) of Chapter VIII (Traffic, Motor Vehicles
and Alternative Transportation Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -17 TRAFFIC ON BRIDGES.
8 -17.1 Driving on Estuary Bridges After Opening Signal.
It shall be unlawful for any person to drive any vehicle upon any of the
bridges crossing the Oakland Inner Harbor Tidal Canal and the San
Leandro Channel after the siren or other signal has announced that such
bridge is about to be opened. (Ord. No. 535 N.S. § 17 -561)
Section 14. The Alameda Municipal Code is hereby amended by
repealing 8 -20.5 (Curb Extensions) and amending subsections 8 -20.3
(Establishment of Pedestrian Signals), and 8 -20.4 (Safe Route to Schools), of
section 8 -20 (Pedestrians) of Chapter VIII (Traffic, Motor Vehicles and Alternative
Transportation Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -20 PEDESTRIANS.
8 -20.3 Establishment of Pedestrian Signals.
The Public Works Director is hereby authorized, based upon what generally
accepted transportation engineering and planning standards indicate for the safety
or adequate flow of traffic and pedestrians, to install pedestrian signals. The Public
Works Director may elect to refer the issue to the Transportation Commission to
seek its recommendation.
8 -20.4 Safe Route to Schools.
The Public Works Director in consultation with the Chief of Police and the
Alameda Unified School District, shall recommend Safe Routes to Schools. The
Public Works Director may elect to refer the issue to the Transportation
Commission to seek its recommendation.
Section 15. The Alameda Municipal Code is hereby amended by
amending subsections 8 -21.1 (Establishment and Marking of Crosswalks or
Pedestrian Lanes) of Section 8 -21 (CROSSWALKS) of Chapter VIII (Traffic, Motor
Vehicles and Alternative Transportation Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -21 CROSSWALKS.
8-21.1 Establishment and Marking of Crosswalks or Pedestrian Lanes.
a. The Public Works Director is hereby authorized, based upon what
generally accepted transportation engineering and planning standards
indicate for the safety or adequate flow of traffic and pedestrians, to cause
markers or lines to be placed and maintained along the boundary lines of
crosswalks or pedestrian lanes at all such street intersections and other
points where in his/her judgment there is a need.
Section 16. The Alameda Municipal Code is hereby amended by
amending subsections 8 -22.9 (Notice of Intention to Remove) 8 -22.10 (Request
for Hearing on Notices), and 8 -22.11 (Hearing and Decision by Technical
Transportation Team), of Section 8 -22 (ABATEMENT, REMOVAL OF
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES) of
Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to
read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -22 ABATEMENT, REMOVAL OF ABANDONED, WRECKED,
DISMANTLED OR INOPERATIVE VEHICLES.
8 -22.9 Notice of Intention to Remove.
A ten (10) day notice of intention to abate and remove the vehicle, or parts
thereof, as a public nuisance shall be mailed by registered mail to the owner of the
land and to the owner of the vehicle, unless the vehicle is in such condition that
identification numbers are not available to determine ownership. The notices of
intention shall be in substantially the following forms:
a. NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE
OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land
located at (address), you are hereby notified that the undersigned pursuant
to subsections 8 -22.1 and following, Alameda Municipal Code, has
determined that there exists upon the land an (or parts of an) abandoned,
wrecked, dismantled or inoperative vehicle registered to
license number , , which constitutes a public nuisance pursuant to
the provisions of Section 8 -22 of the Alameda Municipal Code.
You are hereby notified to abate the nuisance by the removal of the
vehicle (or the parts of a vehicle) within ten (10) days from the date of
mailing of this notice, and upon your failure to do so the same will be
abated and removed by the City of Alameda and the costs thereof, together
with administrative costs, assessed to you as owner of the land on which
the vehicle (or the parts of a vehicle) is located.
As owner of the land on which the vehicle (or the parts of a vehicle)
is located, you are hereby notified that you may, within ten (10) days after
the mailing of this notice of intention, request a public hearing and if such a
request is not received by the Chief of Police within such ten (10) day
period, the Chief of Police shall have the authority to abate and remove the
vehicle (or the parts of a vehicle) as a public nuisance and assess the costs
as aforesaid without a public hearing. You may submit a sworn written
statement within such ten (10) day period denying responsibility for the
presence of the vehicle (or the parts of a vehicle) on the land, with your
reasons for denial, and such statement shall be construed as a request for
hearing at which your presence is not required. You may appear in person
at any hearing requested by you or the owner of the vehicle or, in lieu
thereof, may present a sworn written statement as aforesaid in time for
consideration at such hearing.
Notice Mailed
(date)
Chief of Police
Alameda, California
b. NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE
OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last registered and /or legal owner of record of
vehicle -- notice must be given to both if different)
As last registered (and /or legal) owner of record of (description of
vehicle -make, model, license, etc.), you are hereby notified that the
undersigned pursuant to subsections 8 -22.1 and following, Alameda
Municipal Code, has determined that the vehicle (or parts of a vehicle)
exists as an abandoned, wrecked, dismantled or inoperable vehicle at
(describe location on public or private property) and constitutes a public
nuisance pursuant to the provisions of Section 8 -22 of the Alameda
Municipal Code.
You are hereby notified to abate the nuisance by the removal of the
vehicle (or the parts of a vehicle) within ten (10) days from the date of
mailing of this notice. As registered (and /or legal) owner of record of the
vehicle (or the parts of a vehicle), you are hereby notified that you may,
within ten (10) days after the mailing of this notice of intention, request a
public hearing and if such request is not received by the Chief of Police
within such ten (10) day period, the Chief of Police shall have the authority
to abate and remove the vehicle (or the parts of a vehicle) without a
hearing.
Notice Mailed
(date)
Chief of Police
Alameda, California
8 -22.10 Request for Hearing on Notices.
Upon request by the owner of the vehicle or owner of the land to the Chief
of Police, which request is received within ten (10) days after mailing of the notices
of intention to abate and remove, a public hearing shall be held by a Hearing
Officer. The hearing shall be on the question of abatement and removal of the
vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative
vehicle and the assessment of the administration costs and the cost of removal of
the vehicle or parts thereof against the property on which it is located. If the owner
Y er
of the land submits a sworn written statement denying responsibility for the
presence of the vehicle on his /her land within such ten (10) day period, the
statement shall be construed as a request for a hearing which does not require
his/her presence. Notice of the hearing shall be mailed, by registered mail, at least
ten (10) days before the hearing to the owner of the land and to the owner of the
vehicle, unless the vehicle is in such condition that identification numbers are not
available to determine ownership. If such a request for hearing is not received
within ten (10) days after mailing of the notice of intention to abate and remove,
the City shall have the authority to abate and remove the vehicle or parts thereof
as a public nuisance without holding a public hearing.
8-22.11 Hearing and Decision by a Hearing Officer.
a. All hearings under this section shall be held before the Hearing
Officer which shall hear all facts and testimony he/she deems pertinent. The
facts and testimony may include testimony on the condition of the vehicle or
parts thereof and the circumstances concerning its location on the private
property or public property. The Hearing Officer shall not be limited by the
technical rules of evidence. The owner of the land may appear in person at
the hearing or present a sworn written statement in time for consideration at
the hearing, and deny responsibility for the presence of the vehicle on the
land, with his/her reasons for such denial.
b. The Hearing Officer may impose such conditions and take such
other action as it deems appropriate under the circumstances to carry out
the purpose of this section. It may delay the time for removal of the vehicle
or parts thereof if, in its opinion, the circumstances justify it. At the
conclusion of the public hearing, the Hearing Officer may find that a vehicle
or parts thereof has been abandoned, wrecked, dismantled, or is
inoperative on private or public property and order the same removed from
the property as a public nuisance and disposed of as hereinafter provided
and determine the administrative costs and the cost of removal to be
charged against the owner of the land. The order requiring removal shall
include a description of the vehicle or parts thereof and the correct
identification number and license number of the vehicle, if available at the
site.
Section 17. The Alameda Municipal Code is hereby amended by
amending subsections 8 -24.1 (Certain Vehicles Prohibited in Central Traffic
District or Business District) and 8 -24.2 (Necessity to be Loading or Unloading
When Backed up to Curb), of Section 8 -24 (FREIGHT TRAFFIC) of Chapter VIII
(Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows:
CHAPTER Vill
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8 -24 FREIGHT TRAFFIC.
8 -24.1 Certain Vehicles Prohibited in Central Traffic District or
Business District.
a. Truck Routes shall be as established by City's General Plan
except that temporary routing may be designated by the Chief of Police in
consultation with the Public Works Director as deemed necessary for
adequate and safe flow of vehicles.
b. Time of operation along truck routes shall be established by the
Public Works Director. The Public Works Director shall cause to install and
maintain signage designating truck routes and hours of operation. When
any such truck route or routes are established and designated b
g by
appropriate signs, the operator of any vehicle mentioned in this paragraph
shall drive on such route or routes and no other except when it is
impractical to do so or when necessary to traverse another street or streets
to a destination for the purpose of loading or unloading, but then only by
such deviation from the nearest freight route as reasonably necessary.
8 -24.2 Necessity to be Loading or Unloading When Backed up to Curb.
No vehicle shall remain backed up to the curb except while being actually
loaded or unloaded or where allowed by signage on any of the streets of the City.
Section 18. The Alameda Municipal Code is hereby amended by
amending subsections 8r -27.3 (Transit Stops), and 8 -27.5 (Transit Signage) of
Section 8-27 (TRANSIT OPERATIONS) of Chapter VIII (Traffic, Motor Vehicles
and Alternative Transportation Modes) to read as follows:
CHAPTER VIII
TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION
MODES
8-27 TRANSIT OPERATIONS
8 -27.3 Transit Stops.
The Public Works Director is authorized to approve locations of transit stops
within the City limits including the displacement of up to three parking spaces. The
Public Works Director may elect to refer the issue to the Transportation
Commission to seek its recommendation. The Public Works Director shall cause to
be installed and maintained signage or red curb designating the transit stops.
8 -27.5 Transit Signage.
A transit operator, after receiving approval from the Public Works Director,
shall cause to have installed and maintained, transit signage, within the City limits
of Alameda.
Section 19. The Alameda Municipal Code is hereby amended by
repealing subsection 12 -4.12 (Penalty) and by amending subsections 12 -4.1
(Establishment of Public Off - Street Parking Lots) and 12 -4.10 (Street Sweeping
Restrictions) of Section 12 -4 (PUBLIC OFF - STREET PARKING LOTS) of Chapter
XII (DESIGNATED PARKING) to read as follows:
CHAPTER XII DESIGNATED PARKING
12-4 PUBLIC OFF- STREET PARKING LOTS.
12 -4.1 Establishment of Public Off- Street Parking Lots.
Public off - street parking lots, are hereby established, and include public off -
street parking structures and off- street surface parking Tots and all of the
provisions of this section shall be applicable thereto. Records shall be established
and maintained detailing these locations and shall be available at the Public Works
Department.
12 -4.10 Street Sweeping Restrictions.
It shall be unlawful to stop, park, or leave standing any vehicle, whether
attended or unattended, between the hours of 5:00 a.m. and 7:00 a.m., Sundays
and holidays excepted, at all City parking Tots as identified and on file at the Public
Works Department.
ARTICLE 11 ON- STREET PARKING METER ZONES
Section 20. The Alameda Municipal Code is hereby amended by
amending subsection 12 -12.1 (Established) of Section 12 -12 (PARKING METER
ZONES) of Chapter XII (DESIGNATED PARKING) to read as follows:
CHAPTER XII DESIGNATED PARKING
12 -12 PARKING METER ZONES.
12-12.1 Established.
All streets or portions hereof which are within three hundred and fifty (350')
feet of a business or commercial district per the Alameda Zoning Map and all City
parking lots are hereby established as parking meter zones. The Public Works
Director is hereby authorized to designate the location of parking meters within the
established parking meter zones in such numbers and at such particular places
based upon what generally accepted transportation engineering and planning
standards indicate for the safety or adequate flow of traffic.
Section 21. The Alameda Municipal Code is hereby amended by
repealing subsection 12 -13.1 (Installation of Parking Meters) and 12 -13.8 (Parking
Plans) of Section 12 -13 (PARKING METERS) of Chapter XII (DESIGNATED
PARKING) to read as follows:
CHAPTER XII DESIGNATED PARKING
12 -13 PARKING METERS.
Section 22. The Alameda Municipal Code is hereby amended by
repealing subsections 12 -16.2 and 12 -16.3 of Section 12 -16 (SUPPLEMENTARY
REGULATIONS) of Chapter XII (DESIGNATED PARKING).
Section 23. This ordinance shall be in full force and effect from and after
the expiration of thirty (30) days from the date of its final passage.
Presiding Officer of the Council
Attest:
Lara Weisiger, City Clerk
City of Alameda
1, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 21st day of August, 2007, by the followin g vote
to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the
official seal of said City this day of , 2007.
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Mayor and
Members of the City Council
From: Debra Kurita
City Manager
Date: August 21, 2007
Re: Authorize Government Delegation to Wuxi, China to Attend Sister City Forum
and Designate the Mayor or Other Members of the City Council to Lead the
Delegation
BACKGROUND
In May 2005, a government delegation from Wuxi, China visited Alameda to affirm its
interest in a Sister City relationship between the two municipalities. With the Council's
concurrence, the Mayor signed the attached Memorandum of Understanding regarding the
potential process for future formulation and implementation of Sister City relations with
Wuxi and promised to send a delegation to Wuxi as soon as possible. Several planned
trips have been canceled due to scheduling complications. Wuxi recently issued an
invitation for an official City delegation to attend the International Sister Cities Forum on
Cultural Communication and Cooperation in Wuxi this October.
DISCUSSION
The attached letter and accompanying brochure from the Mayor of Wuxi, China invites the
Alameda Mayor, City Councilmembers, and other City officials to attend the 3rd Annual
Sister City Forum in Wuxi, China. The 2007 Forum will focus on the theme "Culture, the
Perpetual Impetus to City Development" and encourages artici ants to discuss the
p p
cultural characteristics of their cities and devise ways for promoting cultural exchanges
among international sister cities. In previous discussions, Wuxi and Alameda officials have
discussed various cultural exchanges, including loans of cultural and historical artifacts for
public exhibition and performances by traveling choral and musical ensembles.
Wuxi's invitation specifies an official delegation of up to seven City representatives and one
companion per delegate for a total of 14 guests of the Wuxi government. The attached
letter from the Social Service Human Relations Board (SSHRB) recommends, to the extent
practicable, Council consider community leaders from law enforcement, education, health
care, and the environmental community, as representatives. The following City delegates
are suggested: Mayor, Vice Mayor or Councilmember (two to three total), SSHRB
President, one Sister City Project Co-Chair, the City Manager or her designee, and key City
staff such as the Chief of Police and the Library Director. To the extent that these
City Council
Agenda Item #5 -E
08- 2'1 -07
Honorable Mayor and August 21, 2007
Members of the City Council Page 2 of 3
individuals are unable to participate, other individuals could be designated from the
following list: alternate Councilmembers, alternate SSHRB members, City staff, and
representatives of other government or affiliated entities such as the College of Alameda
and the Alameda Unified School District. In addition to the official delegates and their
companions, travelers could include Wuxi Sister City Project volunteers, members of the
Friends of Wuxi (a support group for the Wuxi Sister City project), Chamber of Commerce
members, representatives of cultural organizations, and interested residents.
Including travel, the entire trip will be twelve days. On October 22, the delegation and
guests will depart Alameda for Beijing where they will be received by the municipal
government. Meetings and tours will be arranged to familiarize the group with China's
culture and economy. On October 27, the delegation will travel from Beijing to Wuxi for the
Sister City Forum and related activities to stimulate friendship, understanding, and future
cultural exchange projects. Following the Forum on October 31, the delegation will travel
to Shanghai for a day of sightseeing before returning home on November 2.
All travelers will need a valid passport, driver's license, or other government photo
identification, and extra passport pictures for visa purposes. Delegation members will
participate in at least one pre -tour meeting to learn about the people and places that will be
visited and to develop interest lists and talking points for official delegation activities.
Traveling companions will also attend a pre -tour orientation. The pre -tour meetings will
take place in early October and will be supervised by the SSHRB Sister City Workgroup.
The cost of the trip, excluding personal expenses, is approximately $1 ,750 for delegation
members and $2,250 for their companions and other travelers. The additional cost for
companions and other travelers includes Wuxi accommodations. In order to obtain visas
and make the necessary arrangements, a deposit of $1,000 per participant will be required
no later than August 31, with the balance of payment due by September 15.
BUDGET CONSIDERATION /FINANCIAL IMPACT
There is no impact on the General Fund. Ground transportation, accommodations, food,
and other Forum expenses for the delegates and their traveling companions will be
covered by Wuxi, as stated in the invitation. Airfare, expenses,
Beijing and Shanghai enses,
g p
and all personal expenses will be borne by the participants.
MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE
State and local laws regarding economic disclosure by City Council, SSHRB members,
and City staff are applicable. Assuming the City accepts the Wuxi invitation and takes
action to designate official representatives to attend the Sister City Forum, the related trip
costs would not be subject to individual economic disclosure.
RECOMMENDATION
Accept Wuxi, China's invitation to attend and participate in the Sister City Forum and
designate the Mayor or other members of the City Council to lead the delegation. Accept
the SSHRB's suggestions regarding additional delegation members, and permit the Sister
City Workgroup to finalize trip details accordingly.
Honorable Mayor and August 21, 2007
Members of the City Council Page 3 of 3
Leslie A. Little
Director, Development Services
eb • le "Potter
Redevelopment Manager
Attachment: 1) Letter from the SSHRB
2) Invite and Brochure from Wuxi, China
3) Memorandum of Understanding
SC /MJ/TW:sb
cc: Social Service Human Relations Board Members
Gl ComdevISSHRB \CouncillWuxiReport Oct 2007.doc
F:SSHRBIWG\Sister City — Wuxilcorrespond
F:SSHRB\Council Relations
Honorable Mayor and
Members of the City Council
City Hall
City of Alameda •California
August 15, 2007
Subject: Invitation to Attend International Cities Forum in Wuxi, China
Dear Honorable Mayor and Members of the City Council:
The Social Service Human Relations Board (SSHRB) acting in its advisory capacity to City Council,
heartily recommends that City Council accept Mayor Mao Xiaoping's gracious invitation to participate
in the October 2007, International Cities Forum in Wuxi, China.
Formed in 2004, the Sister City Workgroup has worked to explore and foster a Sister City relationship
with the city of Wuxi, China. In May 2005, a government delegation from Wuxi, China visited
Alameda to affirm its interest in a Sister City relationship with Alameda. During the visit City Council
passed a resolution authorizing the Mayor to enter into an MOU with the City of Wuxi regarding the
formation of a Sister City relationship.
Wuxi, China has been eager to reciprocate Alameda's hospitality by hosting a delegation from Alameda
on a state visit to China. The SSHRB supports continued efforts to advance the commitment to a Sister
City relationship with Wuxi and believes that accepting their invitation to visit China is an important
step in building this relationship. The visit also provides an opportunity for cultural exchange.
The SSHRB sincerely hopes that the delegation will include the Mayor, the Vice Mayor and at least one
member of the City Council, representatives from the SSHRB, the Sister City Workgroup, and leaders
from City staff. In addition, the SSHRB recommends that the delegation include leaders from law
enforcement, education, health care, public utilities and the environment. To further integrate the
learning of the cultural exchange, the SSHRB recommends that the delegates have opportunities for
shared reflection and conversation upon the return to Alameda. The SSHRB would be happy to help
facilitate any post visit - related activities and looks forward to facilitating this cultural exchange
opportunity.
Sincerely;
CW/MJ/sb
Development Services Department
950 West Mall Square
Alameda, California 94501 -7552
510.749.5800 • Fax 510.749.5808 • TDD 510.522.7538
thia Wasko, Acting President
cial Service Human Relations Board
City Council
Attachment 1 to
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08 -21 -07
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Attachment 2 to
Agenda Item #5 -E
08 -z 1 -07
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Forum Inforrnton
I . Time & Vc.rnw
October 28 -31, 2007 Wuxi, China
II- Sponsors & Organizers
Sponsored by: Wuxi Municipal People's Ciavernment
China International Friendship Cities Association (CLFCA)
Crganzred by Wuxi Municipal Foreign Affairs Office
Wuxi Municipal Bureau of Culture •
III. Theme & Objectives
Theme; Culture, the Perpetual Impetus to City Development
Topics: Culture, Treasure with No Bot ndak'ies: Inherit Culture. Our Shared Task;
Urban Internationalization and International Cultural Exchanges: Inherit, Innovate and
Develop Culture.
Hold exchanges and discussions about culture among international sister cities so as to
promote the communication and integration of Chinese and foreign cultures,
demonstrate the profound cultural heritage and connotation of Wuxi, enhance the
understanding„ exchange and cooperation between Wuxi and its sister cities and other
participating cities and explore exchanges and cooperation cat cur[unoil interest as well.
IV. Guests to Be invited
Leading officials of thc governments sand their functional departments of Wuxi's sister
cities, cities of friendly exchanges and other foreign cities Frith cxchmnges and
communication; representatives of relevant cultural nrgani7ations, art troupes,
companies, etc.
V. Contents
1. 3"1 Wuxi International Sister Cities Forum:
1.Hold deliberation and exchange opinions around the theme and topics; hoed extensive •
discussions and talks on the exchanges and cooperation in the field or culture between
Wuxi and its international sister cities and other foreign cities.
2. Ycl China International Folk Music Festival:
Attend performances and programs to promote the mutual understanding and
friendship between Wuxi and its international sister cities ,anti outer foreign cities and
to manifest the important role of culture in the irrrernational exchanges.
3. Match talks and signing of sister -city areements and cx‘:han; a agreements of
friendship.
4. Visits to eultural facilities and tourist resources of Wuxi.
ATTACHMENT A
Memorandum of Understanding Regarding the Formation and
Implementation of Sister City Relations between
Alameda, California, the United States of America and
Wuxi, Jiangsu, the People's Republic of China
At the invitation of the City of Alameda, California, USA, the Wuxi
Friendship Delegation visited the City of Alameda, California in May 2005.
During its visit, the representatives from the Wuxi Municipal People's
Government and the Alameda City Council have, through friendly y
reached consensus on the establishment of Sister City
relations, and hereby sign the following Memorandumof Understanding:
1. Based on the principle of equality and mutual benefit, common
development and enhancement of mutual understanding and
friendship, both parties will further promote mutual friendly visits
between their people, actively carry out in -depth and extensive
mutual friendship activities and work towards the goal - of
establishing formal Sister City relations.
2. Both parties agree to encourage the government, non - governmental
organizations and enterprises, and the citizens of each city to
conduct friendly exchanges, especially various exchanges and
cooperation in the fields of economy and trade, science and
technology and culture.
3. It is agreed by both cities that the Mayor and City Council of
Alameda and its designees, including the Social Service Human
Relations Board and a future non-profit entity, and the Foreign
Affairs Office -of Wuxi, representing Wuxi Municipal Government,
are responsible for formulating and implementing the friendly
exchange and cooperation programs between the two cities.
4. As for other matters not mentioned in this MOU, the two
governments will decide upon them through friendly consultation in
the spirit of mutual understanding.
This MOU is written in both English and Chinese in two duplicates. Both
copies are equally authentic and are valid upon the signing by
representatives of each party.
City of Alameda City of Wuxi
United States of America People's Republic of China
Date: Date:
G: SSHRBIWGISister City/Wuxi Mou.doc
City Council
Attachment 3 to
Agenda Item #5 -E
08 -21 -07