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2007-10-16 PacketCITYOFALAMEDA•CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) TUESDAY - - - OCTOBER 16, 2007 - - - 7:25 P.M. Location: gity_caiR911_9110, City Hall, corner of Santa Clara Avenue and Oak Street. Public Participation Anyone wishing to address the Council/Commission on agenda items or business introduced by the Council/Commission may speak for a maximum of 3 minutes per agenda item when the subject is before the Council /Commission. Please file a speaker's slip with the Deputy City Clerk if you wish to speak. PLEDGE OF ALLEGIANCE 1. ROLL CALL - City Council, CIC 2. SPECIAL ORDERS OF THE DAY 2 -A. Update on the Alameda Theater, Cineplex, and Parking Structure Project. (Development Services) [CIC] 3. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council/Commission or a member of the public 3 -A. Minutes of the Special Joint City Council and Community Improvement Commission and Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission meetings held an October 2, 2007. (City Clerk) [City Council /CIC] 4. AGENDA ITEMS 4 -A. Public Hearing to consider approval of a first addendum to the Alameda Landing Mixed -use Development Project Supplemental Environmental Impact Report, first amendment to the Development Agreement, and first amendment to the Disposition and Development Agreement for the Alameda Landing Mixed Use Project to modify the Public Waterfront Promenade; • Adoption of Resolution Certifying the Addendum to the Alameda Landing Mixed -Use Development Project Supplemental Environmental Impact Report. [City Council]; • Adoption of Resolution Approving and Authorizing Execution of a First Amendment to a Disposition and Development Agreement with Palmtree Acquisition Corporation (Successor by Merger to Catellus Development Corporation) for the Sale and Development of Certain Real Property at the Fleet Industrial Supply Center (FISC) . [City Council]; • Adoption of Resolution Approving an Addendum to the Supplemental Environmental Impact Report for the Alameda Landing Mixed -Use Development Project Authorizing the Executive Director to Amend the Disposition and Development Agreement with Palmtree Acquisition Corporation (Successor by Merger to Catellus Development Corporation) for the Sale and Development of Certain Real Property at the FISC. [CIC] • Introduction of Ordinance Approving a First Amendment to Development Agreement DA -06 -003 By and Between the City of Alameda and Palmtree Acquisition Corporation (Successor by Merger to Catellus Development Corporation). (Development Services) [City Council] (To be continued to November 6, 2007) 5. ADJOURNMENT - City Council, CIC Beverly J Chair, Commission yor y Improvement AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. CONSENT CALENDAR Tuesday, October 16, 2007 Meeting will begin at 7:29 p.m. 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 Board or a member of the public. None. 3. REGULAR AGENDA ITEMS 3 -A. Establish an Alameda Point Advisory Task Force 4. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 5. COMMUNICATIONS FROM THE GOVERNING BODY 6. ADJOURNMENT This meeting will be cablecast live on channel 15. Notes: • Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749 -5800 at least 72 hours before the meeting to request an interpreter. ■ Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. ■ Audio tapes of the meeting are available for review at the ARRA offices upon request. AGENDA CITYOFALAMEDA.CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. TUESDAY REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16 - -- - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 pm, City Hall, Council Chambers, corner of Santa Clara Ave and Oak St] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. Agenda Items 6. Oral Communications, Non- Agenda (Public Comment) 7. Council Communications (Communications from Council) 8. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 7:25 P.M. COMMUNITY IMPROVEMENT COMMISSION CITY COUNCIL CHAMBERS, Separate Agenda SPECIAL MEETING OF THE ALAMEDA REUSE AND 7 :29 P.M. REDEVELOPMENT AUTHORITY, CITY COUNCIL CHAMBERS Separate Agenda 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 Special and Regular City Council Meetings held on October 2, 2007 and the Special City Council Meeting held on October 9, 2007. (City Clerk) 4-B. Bills for ratification. (Finance) 4 -C. Recommendation to accept the work of Pacific Trenchless, Inc., for the Cyclic Sewer Repair Project, No. P.W. 05- 03 -11. (Public Works) 4-D. Recommendation to approve an agreement with the Alameda County Congestion Management Agency for signal timing on Constitution Way to Lincoln Avenue, increase appropriations and appropriate grant funds of $100,000 in Transportation Fund for Clean Air Funding. (Public Works) 4 -E. Adoption of Resolution Approving the Development Plan and Time Schedule for the Sewer System Management Plan as Adopted by the State Water Resources Control Board. (Public Works) 4 -F. Adoption of Resolution Approving the Prioritized List of Projects for Consideration in the 2008 Countywide Transportation Plan. (Public Works) 4 -G. Adoption of Resolution Authorizing Open Market Purchase from Versatile Information Products of Riverside, California Pursuant to Section 3 -15 of the Alameda City Charter for Puma Software Management System. (Police) [Requires four affirmative votes] 4 -H. Introduction of Ordinance Amending the Alameda Municipal Code by Repealing and Amending Various Sections of Article I (Parking Lots) and Article II (On Street Parking Meter Zones) of Chapter XII (Designated Parking) and Adding a Definition Section (Section 12 -0) Applicable to All Articles to Provide for the Regulation of Public Parking Surface Lots and Parking Structures Administered by the City of Alameda. (Development Services) 4 -I. Final Passage of Ordinance Amending the Alameda Municipal Code by Revising Various Sections of Chapter II (Administration), Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes), and Chapter XII (Designated Parking) to Modify the Transportation Commission's Purpose and Authority. (Public Works) 5. REGULAR AGENDA ITEMS 5 -A. Public Hearing regarding financing for Shinsei Gardens Apartments under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986; O Adoption of Resolution Approving, Authorizing and Directing the Execution of a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority; and • Adoption of Resolution Approving the Issuance of Tax - Exempt Bonds by the California Municipal Financing Authority for a Limited Partnership to be Established by Resources for Community Development or an Affiliate Thereof, with Respect to a Multi- Family Apartment Project. (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, including reporting on any Conferences or meetings attended 7 -A. Consideration of the Mayor's nominations for appointment to the Civil Service Board, Golf Commission, and Oakland Chinatown Advisory Committee. 8. ADJOURNMENT - City Council • For use in preparing the official Record, speakers readin g a written statement are invited to submit a copy to the Cit y 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 p ublic use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting. g • Accessible seating for persons with disabilities, including those using wheelchairs, is available. • Minutes of the meeting available in enlarged print. • Audio Tapes of the meeting are available upon request. • Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. CITY OF ALAMEDA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: Debra Kurita Executive Director Date: October 16, 2007 Re: Report on Alameda Theater, Cineplex, and Parking Structure Project Construction Update BACKGROUND The City of Alameda Community Improvement Commission (CIC) approved construction contracts with C. Overaa & Co. (Overaa) on July 26, 2006, for the rehabilitation and restoration of the historic Alameda Theater and the design -build new construction of the Civic Center Parking Garage. The CIC approved the Theater construction contract for $8,800,000 and approved the parking garage design -build contract for $9,104,000 with the condition that the garage project be value- engineered within the C I C's budget before the construction phase commenced. Since contract approval in July, CIC staff and Overaa finalized the value - engineering for the garage design, reducing the contract price to within the CJC's budget. The original contract price of $9,1 04,000 was reduced by $604,000, resulting in a final contract price of $8,500,000. The Theater construction contract commenced in October 2006; the design phase of the parking garage project started in August 2006; and the construction phase of the parking garage began in October 2006. The overall project consists of an eight- screen movie theater, including a 484 -seat, single- screen theater in the historic Alameda theater and seven screens in the new cineplex, 6,100 square feet of retail, and a 341 - space parking garage. DISCUSSION The status of both the Theater and parking garage projects, including the budget, payments, and schedule, are provided in Attachments 1 and 2, respectively. Both projects are expected to be substantially complete by the end of 2007. Subsequently, y Alameda Entertainment Associates (AEA), the movie operator, will install tenant improvements in the historic Theater. The grand opening for the parking structure is currently anticipated for early 2008; the Alameda Theater is scheduled to open in March 2008 (Attachment 3). A summary of the status of each project is provided below. CC /CIC Agenda Item #2 -A 10-16-07 Honorable Chair and October 16, 2007 Members of the Community Improvement Commission Page 2 of 4 Alameda Theater Overaa's contract for the Alameda Theater is nearing substantial completion within the next two months, and walk - throughs are being held with the CIC's architect and movie operator to generate final punch -lists for completion of specific rooms in the theater, such as stage, projection room, concession area, and retail spaces. The following outlines major tasks Overaa has accomplished or made progress on over the last month: • Finalized tiered stadium seating in the auditorium. • Completed new disabled access walkway and exiting corridor along the western facade. • Completed blade sign and marquee painting and installation of neon. • Completed installation of hardwood floors at section of damaged stage. • Continued with painting work in first floor lobby and ground floor auditorium areas. • Continued with mechanical work including installation of air handler unit. • Closed Central Avenue during the hours of 9:00 a.m. to 2:00 p.m., Monday through Friday, and commenced underground work to bring permanent electrical power to the Theater. • Continued with other electrical and plumbing work. Cumulative current and pending contract changes are estimated to require the use of approximately $935,000 in contingency funds, or approximately 85 percent of the CIC's contingency budget, including the budget for retail tenant improvement allowances. The total contingency budget for the Theater is $1.1 million (Attachment 1). Parking Garage Overaa completed construction of the concrete crash walls along the facades of the garage and the public Oak Street improvements. Additionally, scaffold was erected along the western elevation, and steel for the elevator roof and stair towers was installed. The construction of architectural finishes along the facades has commenced and will continue over the upcoming months. All current and potential contract changes are estimated to require the use of approximately $339,000 in contingency funds, or approximately 82 percent of the CIC's contingency budget, including the current budget for security cameras. The total contingency budget for the garage is $415,000 (Attachment 2). Honorable Chair and October 16, 2007 Members of the Community Improvement Commission Page 3 of 4 Cineplex Theater Equipment, Construction and Service, Inc. (TECS), the contractor for the cineplex, is currently working on installing escalators and electrical switchgear, energizing permanent power, and continuing with concrete masonry unit (CMU) construction. BUDGET CONSIDERATION /FINANCIAL IMPACT There are no proposed changes to the CIC's total budget for the Alameda Theater, Cineplex, and Parking Garage project. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Alameda Downtown Vision Plan 2000 — Action B1.0 — Renovate /restore Alameda Theater. Alameda Downtown Vision Plan 2000 — Action F4 - Consider building a parking structure as part of a Downtown parking management program. RECOMMENDATION This report is for information only. No action is required. Respectf ily submitted, ( f Leslie A. Little Development Services Director Bv: l orene E. Soto an ger, Business Deve By: Je i s tt Re o p ment Manager DK/LALDES /J0:ry t Division Honorable Chair and October 16, 2007 Members of the Community improvement Commission Page 4 of 4 Attachments: 1. Monthly Progress Status Report for the Alameda Theater Rehabilitation and Restoration 2. Monthly Progress Status Report for Civic Center Parking Garage 3. Alameda Theater Project Schedule Update Monthly Progress Status Report Alameda Theater Rehabilitation and Restoration City of Alameda October 16, 2007 CIC Meeting Construction $8,800,000 Contingency $1,106,040 Total Contract Budget $9,906,040 „rat Previously Paid Payment this Period Total Payment To Date $6,242,168 $588,460 $6,830,628 Original Contract Amount $8,800,000 Previous Changes $412,079 Executed Change Orders Uncover and Protect Existing Gas Line $2,266 Remove Unforeseen Existing Equipment $9,570 Add'I Unforeseen Asbestos Wrapped Pipe $1,997 Unforseen Plumbing Revisions $21,417 Acoustical Panel Removal $16,104 Demo Inside of Auditorium Chandelier $696 Plaster Wall Support $19,153 Subtotal Executed Changes $71,203 Pending Change Orders (Cost Estimates) Budget for Retail Tenant Improvement Allowances $130,000 Alleyway Cleanouts and Power Wash $16,000 Replace Auditorium Fixture $10,000 Sump Pump Connections $5,000 Fire Alarm Voice Annunciator $21,000 Expose Mezzanine Mural $7,000 Changes for Tenant $34,000 Seismic Issues for Non - Structural Walls $52,789 Water Fountain Changes $15,000 Men's Room Water Heater $1,500 Plaster Repair Scope Changes $46,734 Revise Paint Color for Middle Niche Surround $3,000 Additional Reinforcing $42,945 AP &T Changes $35,000 Additional Marquee Support and Access $18,000 Storm Drain Connections $3,500 Marquee Access Hatches $5,000 Orchestra Pit Concrete $5,500 Subtotal Pending Change Orders $451,968 Total Changes $935,250 Estimated Revised Contract Amount $9,735,250 Remaining Contingency $170,790 hE : ?, ,., --:.lam ase-:Bid Amoun Amount Paid ercent Contingency. Expended: Final Completion for Tenant Improvement Areas Baseline 11/10/2006 11/10/2007 12/24/2007 1/14/2008 Forecast 11/10/2006 11/10/2007 12/24/2007 1/14/2008 Work Completed This Period: Work Projects Next Period: Status: • Poured Stadium Tiered Seating in Auditorium • Commenced Installation of Hardwood Flooring at Stage • Continued with Marquee Sign Painting and Commenced Neon Installation • Install Bathroom and Concession Tile • Commence Roofing Work • Proiect is on Q�hedule CC/CIC Attachment 1 to Agenda Item #2-A 10-16-07 Monthly Progress Status Report Civic Center Parking Garage City of Alameda October 16, 2007 CIC Meeting di® degOk Construction Contingency Total Contract Budget $8,499,88 415 000 $8,914,889 :.- Previously Paid Payment this Period Total Payment To Date $5,140,186 1 055 834 $6,196,020 Original Contract Amount Value Engineering (Credit) Revised Contract Amount Previous Changes Executed Change Orders Subtotal Executed Changes Pending Change Orders (Cost Estimates) Security Cameras Northern Elevation Banner Design Budget Bicycle Sharrows Work for Electric Cars and Maint. Vehicle Potential Site Work Budget Subtotal Pending Change Orders Total Changes Estimated Revised Contact Amount Remaining Contingency $9,104,000 ($604,111) $8,499,889 $118,773 $105,567 $75,000 $5,000 $5,000 $10,000 20 000 $115,000 $339,340 $8,839,229 $75,660 iT sisis RTY t co 0 Base: BiR mount: Amount Paid to Date: Percent Cost . Expended: Value -En • ineerin Previous /P.endin , Chan ! e::Orders Pro'ect Cost: Percent Contingency Expended: Milestone Notice to Proceed Substantial Com •letion Final Com • letion $9,104,000 $6,196,020; 73% $604,111 $339,340 $8,839,229 82% AiLLI Baseline 11/1 0/2006 12/15/2007 1/29/2008 Forecast 1 1/10/2006 12/15/2007 1/29/2008 A. • roved 11/10/2006 Work Completed This Period: Work Projects Next Period: Status: • Poured Oak Street Sidewalk and Public Improvements • Installed Steel at Elevator Roof and Stair Towers • Installed Roof Drains • Erected Scaffold on Oak Street • Continue Elevator Work • Continue with Architectural Finishes on Oak Street Facade • Project is on Schedule CC /CIO Attachment 2 to Agenda Item #2 -A 10-16-07 d co o. d Bm 0) i v u) v as T21 0. L Tu. a) ca a) E to Q w J 0 w Z C.] CC /CIC Attachment 3 to Agenda Item #2 -A 10-16-07 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY - - - OCTOBER 2, 2007 - - - 6:00 P.M. Mayor/Chair Johnson convened the Special Meeting at 6:10 p.m. ROLL CALL - Present: Councilmembers /Commissioners deHaan, Gilmore, Matarrese, Tam, and Mayor/Chair Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (07- CC) Conference with Labor Negotiators: Agency Negotiators: Craig Jory and Human Resources Director; Employee Organizations: All City Bargaining Units. (07- CC) Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation pursuant to subdivision (c) of Section 54956.9; Number of cases: One. (07- CC) Conference with Legal Counsel - Existing Litigation; Name of case: Harbor Bay Isle Associates v. City of Alameda. (07- CIC) Conference with Real Property Negotiators; Property: Alameda Theater Retail Spaces, 2315 and 2319 Central Avenue; Negotiating parties: CIC and Retail Tenants; Under negotiation: Price and terms. Following the Closed Session, the Special Meeting was reconvened and Mayor/Chair Johnson announced that regarding Labor, Council received a briefing from its Labor Negotiators and gave direction; regarding Anticipated Litigation, Council gave direction to Legal Counsel regarding initiation of litigation; regarding Existing Litigation, Legal Counsel briefed Council on the status of the litigation; regarding Real Property, the Commission received a briefing from its Real Property Negotiators and gave direction. Adjournment There being no further business, Mayor/Chair Johnson adjourned the Special Meeting at 7:45 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council October 2, 2007 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- - OCTOBER 2, 2007- -7:25 P.M. Mayor/Chair Johnson convened the Special Joint Meeting at 7:54 p.m. Councilmember/Commissioner deHaan led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers /Board Members /Commissioners deHaan, Gilmore, Matarrese, Tam and Mayor/Chair Johnson - 5. Absent: None. CONSENT Vice Mayor /Board Member /Commissioner Tam moved approval of the Consent Calendar. Councilmember /Board Member/Commissioner Matarrese seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *07- CC / *07- CIC) Minutes of the Special Joint City Council and Community Improvement Commission Meeting of September 18, 2007. Approved. ( *07- CC / *07_ CIC) Recommendation to accept the Quarterly Financial Report for the period ending June 30, 2007. Accepted. AGENDA ITEMS None. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 7:55 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting October 2, 2007 1 Agenda Item #4 -A for the Special Joint City Council and Community Improvement Commission Meeting will be continued to November 6, 2007. Alameda Reuse and Redevelopment Authority Interoffice Memorandum October 16, 2007 TO: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority FROM: Debra Kurita, Executive Director RE: Establish an Alameda Point Advisory Task Force BACKGROUND In the summer of 2005, the Alameda Reuse and Redevelopment Authority (ARRA) concluded the public participation phase in support of the Preliminary Development Concept for Alameda Point. The Alameda Point Advisory Committee (APAC), which has supported this planning effort, was disbanded. The ARRA had previously decided that all future planning efforts with the Master Developer should be closely coordinated through the City's Boards and Commissions. In July of 2007, the ARRA selected SunCal as the City's new Master Developer for Alameda Point and entered into an Exclusive Negotiation Agreement (ENA), which established a two -year entitlement process for Alameda Point. The ENA schedule requires that SunCal and its design team, including Peter Calthorpe Associates, hold a series of public meetings and workshops to develop a Development Concept by March 2008, and a draft Master Plan by May 2008. After completion of the draft Master Plan in May 2008, the environmental review process for the Plan, including the required public hearings before the Planning Board and City Council, will begin. DISCUSSION Over the course of the next eight months, the SunCal /Calthorpe team will conduct a series of community workshops to develop a draft Master Plan and at least one alternative for environmental review and public consideration and discussion. These workshops will be supplemented by two additional workshops held by the City and its design consultants, WRT /Solomon, that will address transit- oriented design strategies for Alameda Point. The City hired WRT /Solomon through a Metropolitan Transportation Commission station area planning grant for Alameda Point. Upon completion of the draft Master Plan and alternative(s), staff will begin the environmental review process and final project review process. As mandated by State and local law, the environmental review and project review will proceed through the Planning Board to the ARRA, Community Improvement Commission (CIC), and City Council. Throughout the environmental and project review process beginning in May 2008, the Planning Board and the City Council will solicit input from the public and the other Boards and Commissions. Agenda Item #3 -A ARRA 10-16-07 Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority October 16, 2007 Page 2 Completing a successful two -year entitlement process for Alameda Point that results in a plan that accurately reflects the objectives and expectations of the Alameda community will require regular input from the Alameda community and the Alameda Boards and Commissions. To facilitate this feedback from the Boards and Commissions early in the planning process, the ARRA could establish an Advisory Task Force to work with the SunCal /Calthorpe team, staff, and the community over the first eight months of the planning process, from October 2007 to May 2008. Proposed Advisory Task Force Composition and Duration: The Advisory Task Force could be comprised of seven members including the President of the Planning Board and one additional Planning Board member to be selected by the Board; the Transportation Commission Chairperson and one additional member to be selected by the Commission; and the Chairpersons of the Historical Advisory Board, Recreation and Park Commission, and Economic Development Commission. The President or Chair of the relevant Board or Commission may also designate an alternate board member or commissioner to serve as his or her alternate if necessary to accommodate personal scheduling conflicts. Once the draft Master Plan is completed in May 2008, the Task Force will dissolve, and the Boards and Commissions will assume their normal roles and responsibilities advising the City Council on the Alameda Point Master Plan and Environmental Impact Report (EIR). Role and Purpose: The role and purpose of the Advisory Task Force will be to: • Preside over and facilitate the public workshops identified in SunCal's Master Schedule. • Advise the SunCal /Calthorpe team on the appropriateness of various land use, transportation, historic preservation, and economic development strategies for Alameda Point. Advisory Task Force recommendations will be provided at the public workshops after the development team presentations and input from the community. • Advise the SunCal /Calthorpe team and staff on the types of materials and information that will be needed for each of the planned community workshops to ensure that the community is well informed and that the community is able to provide useful feedback to the design team. Advisory Task Force recommendations will be provided at the public workshops after the development team presentations and input from the community. • Report back to their respective boards and commissions at their regularly scheduled meetings to keep these important advisory bodies up to date on the progress of the project in preparation for the entitlement process when Boards and Commissions will be asked to review and comment on the Master Plan and EIR for the project. • Assist the SunCal /Calthorpe Team in achieving the March 2008 Development Concept and May 2008 draft Master Plan mandatory milestones included in the ENA. Public Workshop/Advisory Task Force Meeting Schedule: The Advisory Task Force members would attend each of the planned Alameda Point public workshops. No additional Advisory Task Force meetings are envisioned. The public workshops will generally occur at City Hall where they can be televised, with a few exceptions. The Advisory Task Force may adjust the workshop locations if a change to a different location would better support community dialogue and feedback, such as small group discussions. Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority The public workshop /Advisory Task Force meeting schedule is proposed as follows: October 16, 2007 Page 3 1. Wednesday, October 24, 2007 - Introductions to the SunCal and Calthorpe Team Team introductions, planning approaches to the redevelopment of Alameda Point, and site /project constraints. Presentation by SunCal /Calthorpe Associates Location: Mastick Senior Center — 6:30 PM 2. Wednesday, November 28, 2007 — Land Use and Transportation Strategies for Alameda Point (Station Area Planning Grant) An examination and discussion of the relationship between residential density, urban form and character, and transportation. Presenters: WRT /Solomon Location: City Hall -6:30 PM 3. Thursday, December 13, 2007 --- Alameda Point Development Scenarios A presentation and discussion of various development scenarios for Alameda Point. Presenters: SunCal /Calthorpe Associates. Location: TBD —6:30 PM 4. Wednesday, January 30, 2007 — Alameda Point Development Alternatives A presentation and discussion of a limited number of preliminary development alternatives for Alameda Point. Presenters: SunCal /Calthorpe Associates Location: TBD —6:30 PM 5. Wednesday, February 13, 2008 — Parking and Public Improvement Standards (Station Area Planning Grant) A presentation of parking strategies, street design, and other public improvement standards to support development at Alameda Point, transit use, and a reduction in automobile trips. Presenters: WRT /Solomon Location: City Hall -6:30 PM 6. Wednesday, March 12, 2008 - Development Concept and Infrastructure Plan (includes street, sewer, and storm drain design and Sports Complex Master Plan Update) A presentation and discussion of the SunCal Development Concept (ENA Mandatory Milestone) . Presenters: SunCal /Calthorpe Associates Location: City Hall — 6:30 PM 7. Wednesday, April 2, 2008 - ARRA Public Hearing A presentation of the SunCal Development Concept to the ARRA Board. Presenter: SunCal /Calthorpe Location: City Hall - 7:00 PM Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority October 16, 2007 Page 4 8. Wednesday May 14, 2008 - Draft Master Plan A presentation and discussion of the SunCal draft Master Plan (ENA Mandatory Milestone). Presenter: SunCal /Calthorpe Location: City Hall —6:30 PM EIR Process and Public Hearings Begin • Advisory Task Force meetings and responsibilities end • Boards and Commissions comment on Draft Master Plan and Draft EIR BUDGET CONSIDERATION /FINANCIAL IMPACT SunCal is funding the planning process for Alameda Point, including the staff resources necessary to support the planning process. There is no impact to the City's General Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed Advisory Task Force implements the ARRA's past direction to closely coordinate the community planning process for Alameda Point with the City of Alameda's Boards and Commissions. ENVIRONMENTAL REVIEW The community planning process is exempt from the California Environmental Quality Act. The draft Master Plan will be subject to a complete review under the California Environmental Quality Act. RECOMMENDATION Establish the Alameda Point Advisory Task Force. Respectfully Submitted, r,• 1416-0-Z40 Cathy Woodbury Planning and Building Director By: ndrew Tho as Planning Services Manager 4 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY - - - OCTOBER 2, 2007 - - - 6:00 P.M. Mayor/Chair Johnson convened the Special Meeting at 6:10 p.m. ROLL CALL - Present: Councilmembers /Commissioners deHaan, Gilmore, Matarrese, Tam, and Mayor/Chair Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (07- CC) Conference with Labor Negotiators: Agency Negotiators: Craig Jory and Human Resources Director; Employee Organizations: All City Bargaining Units. (07- CC) Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation pursuant to subdivision (c) of Section 54956.9; Number of cases: One. (07- CC) Conference with Legal Counsel - Existing Litigation; Name of case: Harbor Bay Isle Associates v. City of Alameda. (07- CIC) Conference with Real Property Negotiators; Property: Alameda Theater Retail Spaces, 2315 and 2319 Central Avenue; Negotiating parties: CIC and Retail Tenants; Under negotiation: Price and terms. Following the Closed Session, the Special Meeting was reconvened and Mayor/Chair Johnson announced that regarding Labor, Council received a briefing from its Labor Negotiators and gave direction; regarding Anticipated Litigation, Council gave direction to Legal Counsel regarding initiation of litigation; regarding Existing Litigation, Legal Counsel briefed Council on the status of the litigation; regarding Real Property, the Commission received a briefing from its Real Property Negotiators and gave direction. Adjournment There being no further business, Mayor/Chair Johnson adjourned the Special Meeting at 7:45 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council October 2, 2007 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - OCTOBER 2, 2007- -7:30 P.M. Mayor Johnson convened the Regular City Council Meeting at 7:55 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (07- ) Welcoming of new Fire Chief, David A. Rapier. The City Manager introduced the new Fire Chief and the City Clerk administered the Oath of Office. Fire Chief Kapler stated that he is honored to serve Alameda. (07- ) Proclamation declaring October as Disability Awareness Month. Mayor Johnson read and presented the proclamation to Audrey Lord - Hausman, Chair of the Commission on Disability Issues. Ms. Lord - Hausman introduced Commission on Disability Issues Members Roberta Kreitz, Toby Berger, and John Robinson; invited everyone to attend a tree planting to commemorate Disability Awareness Month at Lincoln Park on Saturday at 11:00 a.m. (07- ) Proclamation declaring October 15 through 19, 2007 as National Business Women's Week. Mayor Johnson read and presented the proclamation to Isle City of Alameda Business and Professional Women President JoAnn Ainsworth and founding member Margaret Seaman. Ms. Ainsworth thanked Council for recognizing the work of women in the community. Ms. Seaman presented a basket of pink ribbons in recognition of Breast Cancer Awareness Month. Regular Meeting Alameda City Council October 2, 2007 1 (07- ) Proclamation declaring October 19, 2007 as Chuck Corica Golf Complex Day. Mayor Johnson read and presented the proclamation to Jane Sullwold, Chair of the Golf Commission. Ms. Sullwold stated the Golf Course is going through a difficult time; difficult decisions will need to be made; the Golf Course will continue to serve the community if the right steps are taken. CONSENT CALENDAR Mayor Johnson announced that the Minutes [paragraph no. 07- and the recommendation to allocate $292,400 {paragraph no. 07- were removed from the Consent Calendar for discussion. 1 1 Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote -- 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (07- ) Minutes of the Special City Council Meeting held on September 11, 2007, and the Special and Regular City Council Meetings held on September 18, 2007. Vice Mayor Tam moved approval of the minutes with the following changes to Page 10 of the Regular September 18, 2007 minutes... "the League failed to gain the support of a bi-partisan State Legislator" and ... "renewal of the League's grass roots network." Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. ( *07- ) Ratified bills in the amount of $2,523,628.45. (07- ) Recommendation to allocate $292,400 from Measure B Funds and award a Contract in the amount of $521,700, including contingencies, to Bay Line Concrete, Cutting, Coring, and Drilling, Inc., for the Grand Street Bridge and Ballena Boulevard Bridge Repair and Resurfacing, No. P.W. 11- 06 -24. Councilmember deHaan stated that Council requested the removal of the cyclone fence once the Grand Street Bridge repair is completed; inquired whether efforts would be made to eliminate the cyclone fence. Regular Meeting Alameda City Council October 2, 2007 2 The City Engineer responded that the cyclone fence would not be needed once the railing is replaced; the spacing will be small enough to ensure that no one could slip through the area. Councilmember deHaan moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote -- 5. ( *07- ) Recommendation to adopt Plans and Specifications and authorize Call for Bids for Heating, Ventilating and Air Conditioning Systems Maintenance in various City facilities, No. P.W. 09- 07-30. Accepted. ( *07- ) Resolution No. 14147, "Realigning the Harbor Bay Business Park Assessment District 92 -1 Budget and Allocating Funds for the Repair of Streets within the Assessment District Boundary." Adopted. ( *07- ) Ordinance No.2972, "Reclassifying and Rezoning Approximately 10.77 Acres Located North of Singleton and Mosley Avenues at 201 Mosley Avenue, from R -4 -G, Neighborhood Residential (Special Government) to Open Space Zoning Designation." Finally passed. REGULAR AGENDA ITEMS (07- ) Recommendation to accept the work of Cal-West Lighting and Signal Maintenance for installation of Countdown Pedestrian Signal Head and Audible Pedestrian Signal, No. P.W. 01- 07 -01. The City Engineer gave a brief presentation. Mayor Johnson stated that the manufacturer should inform cities regarding [noise] issues with the system; the intention is good; the City wants to make the community more accessible and friendly for people with disabilities; thanked the Public Works Department for taking a step in the right direction; stated refinements will be necessary to make the system work. Councilmember Matarrese stated that he appreciates that the signals will be disabled until a solution is found; inquired whether motion detectors have been considered. The City Engineer responded that staff is exploring other cities' solutions. Regular Meeting Alameda City Council October 2, 2007 3 Councilmember deHaan inquired whether the vendor offers a system with motion detectors. The City Engineer responded in the affirmative; stated said system is more expensive; the system would have been ordered if current facts were known. Councilmember deHaan inquired whether in- pavement lights would be placed between Santa Clara Avenue and Central Avenue. Mayor Johnson responded that said lights have already been installed. Michael John Torrey, Alameda, stated that he would like to see in- pavement lights at the intersection of Main Street and Ralph Appezzato Parkway. Councilmember Matarrese moved approval of the staff recommendation. Councilmember deHaan seconded the motion. Under discussion, Councilmember deHaan stated that hopefully money will be available to install embedded lights. On the call for the question, the motion carried by unanimous voice vote - 5. (07- ) Recommendation to adopt the City of Alameda Ferry Short Range Transit Plan, Fiscal Year 2008/2018 and receive an update on the Water Emergency Transportation Authority Legislation. The Ferry Services Manager and Public Works Director gave a brief presentation. Councilmember Gilmore requested background on the Golden Gate Bridge Transit District; inquired how many ferries are run by the District. The Ferry Services Manager responded that the Golden Gate Bridge Transit District is the largest ferry service on the Bay and carries approximately two million passengers per year; stated the District has five boats. Councilmember Gilmore stated that the legislation was to ensure a coordidnated emergency response effort; inquired why the largest provider [Golden Gate Bridge Transit District] is excluded. The Public Works Director responded that he does not have an answer Regular Meeting Alameda City Council October 2, 2007 4 tonight, but that he will look into the matter. Vice Mayor Tam stated that the development of the management plan for emergency response is very important; she would like to underscore that priority should be given to an Island such as Alameda with regard to emergency access; Alameda should not be left stranded by having its boats used elsewhere in the event of a big emergency. Councilmember deHaan stated that dialogue was initiated with the Water Transit Authority (WTA) at one time; concerns involved whether the WTA had the wherewithal to move forward and take over a system; the City did not want to Alameda's system to deteriorate in any way; inquired whether the legislation could be signed as early as October 14. The Public Works Director responded that the legislation was sent to the Governor on September 20; the Governor has thirty days to act on the legislation by either signing or vetoing the bill; the bill would be enacted if no action is taken. Councilmember deHaan requested information on the difference between Alameda's and Vallejo's concerns. The Public Works Director stated Alameda is trying to ascertain the value of its assets; approximately $1.2 million could have gone into other types of services but said amount does not include the $1 million that was funded through an assessment district for the Harbor Bay Ferry; Vallejo's assets are approximately $112 million; Vallejo is a true transit agency that combines buses with the ferries; Harbor Bay's farebox recovery ratio is 46% and the Alameda /Oakland Ferry Service is over 50%; Vallejo's farebox recovery is 65%. Councilmember deHaan inquired whether Vallejo is non - supportive of the legislation. The Ferry Services Manager responded in the affirmative; stated Vallejo issued a letter requesting ferry riders to lobby the Governor. Mayor Johnson stated that she does not know whether Vallejo has simply a lot of unanswered questions or is in complete opposition to an integrated Bay water transit system. The Public Works Director stated that a lot of unanswered questions should be addressed in the cleanup legislation. Regular Meeting Alameda City Council October 2, 2007 5 Mayor Johnson stated that Vallejo is unclear about what will happen to a multi-million dollar grant to build a parking structure for ferry riders. Councilmember deHaan stated Vallejo formed an Advisory Ridership Committee; inquired what methods would be used for outreach to the Alameda ridership. The Public Works Director responded today's newspaper article provided information to residents; stated a notice was sent to ferry riders late today informing the riders of tonight's meeting. Councilmember deHaan stated that a community workshop would be worthwhile. Vice Mayor Tam inquired whether the reasoning for the urgency of the Bill is known, to which the Public Works Director responded that he did not know. Bill Smith, Alameda, discussed flying vehicles. Scott Henning, Alameda, stated that Council's vote will have the appearance of agreeing with approving the Bill; residents need to have a voice in how assets are managed; the Bill is proposing to give Alameda's assets to a regional authority where the City's voice is one of many regional cities; the big concern is that the Bill would transfer ownership; Vallejo is in extreme opposition to the Bill and is questioning its enforceability; ferry riders have been invited to attend Public Hearings in the past; Council should consider not adopting the report until Public Hearings are held, the City Attorney provides an opinion on whether or not the Bill is enforceable, and an Advisory Ridership Committee is established. Mayor Johnson inquired whether the Short Range Transit Plan is required to be adopted, to which the Public Works Director responded in the affirmative. Councilmember Matarrese stated that Council voting on the Short Range Transit Plan would not be supporting the Water Emergency Transportation Authority (WETA) Legislation the questions are the same as when the WTA made a presentation. Councilmember Matarrese moved approval of adopting the Short Range Transit Plan. Councilmember Matarrese stated that good suggestions have been made regarding public meetings; the cleanup legislation is an unknown. Regular Meeting Alameda City Council October 2, 2007 6 Mayor Johnson stated that language could be added stating that the City of Alameda has not taken a position on the legislation. Councilmember Matarrese clarified that the motion adopts the Short Range Transit Plan; stated adopting the Short Range Transit Plan fulfills the city's responsibilities to Regional Measure 1; another motion could be made regarding Council hearing the [WETA] report. Mayor Johnson inquired whether a separate motion could be made, to which the City Attorney responded in the affirmative. Councilmember Mataresse moved approval of adopting the Short Range Transit Plan. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. Councilmember Matarrese stated suggestions have been made to hold public hearings with the point of establishing a Rider Advisory Group to ensure public input and to request the City Attorney's opinion regarding the enforcement of the transfer. The City Attorney stated that a transfer cannot take place without fair market value compensation for any assets that would be transferred. Councilmember Gilmore stated that the City Attorney's comments presupposes that the legislation is enforceable but that the WETA would need to pay the City; Vallejo's Mayor is questioning whether the legislation is enforceable. The City Attorney stated the legislation purports and attempts to pre -empt Charter cities; said issue could be challenged. Bruce M. McBride, Alameda, stated that Vallejo has a tremendous ferry organization and has a dedicated ridership; most of the riders come from Antioch; Alameda is in a different situation than Larkspur or Vallejo; Vallejo does not pass under major airliner routes nor is juxtaposed to any international airports; the Alameda route has ninety percent of its transit immediately adjacent to major container ships; all ferry boats on the Bay have repair services performed at one facility in Alameda. Mayor Johnson stated that Council is not taking a position on the legislation; the issue is on- going. Councilmember deHaan stated Mr. McBride brought up some good, solid points. Regular Meeting Alameda City Council October 2, 2007 7 Councilmember Matarrese stated Council heard the update; the public needs to understand what is happening; workshops are a good way to update the public and provide timelines. Councilmember Matarrese moved approval of adopting the City of Alameda Ferry Short Range Transit Plan with the stipulation that workshops be conducted to inform the public on the legislation. Councilmemer deHaan seconded the motion with the caveat that the emergency portion needs to be flushed out; the emergency portion was the driving force; noted new routes are being initiated. The Public Works Director stated that the WTA is currently pursuing an Oakland to South San Francisco route. Vice Mayor Tam stated that she is concerned with the legislation being rushed; public workshops are being rushed; inquired whether the workshop's point would be to synthesize the public's comments in order to take a position or request the City's support of the Bill in order to respond to the Legislature. Mayor Johnson stated the purpose of the workshop would be to inform the public. The Public Works Director stated the workshop would educate the public on the Bill; a WTA representative could be at the meeting to answer questions; a Blue Ribbon Task Force was created to look at the needs for emergency response from a ferry perspective and could be the reason for the urgency of the bill. Councilmember deHaan stated that [Blue Ribbon Task Force] came from the Metropolitan Transportation Commission. Mayor Johnson stated AC Transit expressed interest in operating the ferries at one point. Councilmember deHann inquired when the WTA was formed, to which the Deputy City Manager responded 1999. Vice Mayor Tam stated that she is very supportive of regional cooperation and opportunities to leverage assets with other regional agencies; the question is one of process; inquired whether the City was consulted about the legislation during discussions on the formation of an emergency transit authority. The Public Works Director responded that changes were made to the legislation a couple of days before passage. Regular Meeting Alameda City Council October 2, 2007 8 Mayor Johnson stated the City and WTA were following the legislation very closely; a lot of late changes were made. Councilmember Matarrese stated that he attended a meeting that presented some dramatic scenarios on what would happen when the big one hits the Bay Area; he is surprised that the legislation happened so quickly; WTA came to the City a year ago; serious momentum is behind the legislation; the City needs to ensure that 1) current service is not lost, 2) Alameda receives the benefit of having the boats, 3) the Mayor is on the [ WETA ] Board, and 4) the City is reimbursed for any money that the City could have invested in infrastructure other than the ferry. Vice Mayor Tam stated that there is a presumption that SB976 is a foregone conclusion; the Bill requires workshops be scheduled to inform and educate the community regarding the transition plan; she is unclear on whether there are any opportunities to include amendments before the Governor signs the Bill. The City Manager stated that the City has the opportunity to be involved with cleanup legislation. Vice Mayor Tam inquired whether there are any commitments from the Senators or Legislature to sponsor the cleanup legislation. Mayor Johnson responded that the legislation has so many loose ends and cannot move forward without cleanup legislation; inquired whether discussions will begin in January. The Deputy City Manager responded the Legislature will reconvene in December to conduct housekeeping business; stated the real work will start in January; Senator Perata's staff discussed the need for cleanup legislation; there is not an opportunity to make changes to SB976; amendment opportunities will come up in the next Legislative session. Councilmember Gilmore stated the Governor either has to sign, not sign, or veto the bill; inquired whether there is any sense of which way the Governor is leaning. The Deputy City Manager responded in the negative; stated a lot of Republicans voted no on the Bill; the Department of Finance will recommend a no vote since there were a lot of Republican no votes; the Governor does not always take the Department of Finance's recommendation; the Governor may be willing to sign the Bill in order to move other priorities forward; she continues to check on the status, but no action has been taken yet. Regular Meeting Alameda City Council 9 October 2, 2007 Councilmember Matarrese stated said information is valuable; the entire regional economy is being reviewed; Alameda needs to ensure representation. The Deputy City Manager stated that the Bay Area Council is one of the Bill's sponsors and has been advocating very strongly for the legislation. On the call for the question, the motion carried by unanimous voice vote - 5. (07- ) Introduction of Ordinance Amending the Alameda Municipal Code by Revising Various Sections of Chapter II (Administration), Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes), and Chapter XII (Designated Parking) to Modify the Transportation Commission's Purpose and Authority. Introduced. The Public Works Director provided a brief presentation. Bill Smith, Alameda, discussed Alameda. Councilmember deHaan inquired whether the [signal] chirping issue would have been addressed if the matter was not brought to Council's attention. The Public works Director responded new traffic devices will be brought to the Transportation Commission now. Councilmember deHaan inquired where red zones and bus stops issues would be addressed. The Public Works Director responded that his decisions could be appealed to the Transportation Commission; stated the Transportation Commission decisions could be appealed to Council; Council's decisions would be final. Councilmember deHaan stated the Transportation Technical Team would still meet because the Team is made up of staff which meets regularly. The Public Works Director stated on -going meetings are scheduled on a monthly basis with the Police Department. Councilmember Matarrese stated the two tables show the authorities of the proposed changes as well as the summary of changes clearly. Regular Meeting Alameda City Council October 2, 2007 10 Councilmember Matarrese moved introduction of the ordinance. Vice Mayor Tam seconded the motion. Under discussion, Vice Mayor Tam thanked the Transportation Commission for taking Council's comments to heart at the Joint Meeting in May. Mayor Johnson stated the changes are good; she was an original member of the Public Transit Committee which evolved into the Transportation Commission; the past system was odd; the proposed changes make the process clearer. Councilmember deHaan stated that he was involved with an issue brought to the Transportation Advisory Board and took exception because the decision seemed like a done deal; the proposed ordinance would establish the proper process. On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (07- ) Clyde Ryan, Alameda, (submitted a letter); stated that the Island Drive and McCartney Road four-way stop is not working; four accidents have occurred between September 2006 and January 31, 2007; the intersection is dangerous. Mayor Johnson inquired whether Mr. Ryan was the only crossing guard at the intersection, to which Mr. Ryan responded in the affirmative. Mayor Johnson stated the intersection is very wide and is a large area for one crossing guard to cover. Councilmember Matarrese suggested that the Public Works Director review the matter. Councilmember deHaan stated that the matter was initially addressed in March 2006; Mr. Ryan's letter provides an update on the matter. Mr. Ryan stated that two crossing guards should be assigned to the intersection. (07- ) Lisa Schmeiser, Alameda, stated that hours have been cut back for the volunteers at the Alameda Animal Shelter; the animals are not getting the same treatment as in the past; suggested forming a committee that would look into the feasibility of setting Regular Meeting Alameda City Council 11 October 2, 2007 up a shelter as a separate City agency with an independent animal welfare commission; urged that the results of the internal affair probe be released to the public. Mayor Johnson stated that the Police Department is preparing a report to Council that will be made public; internal affair investigation reports are not public. (07- ) Bill Smith, Alameda, discussed volunteering. COUNCIL COMMUNICATIONS (07- ) Councilmember deHaan stated that Alameda Power and Telecom had a meeting regarding the Solar Rebate Program last week; the meeting was well attended; a policy will come to Council. The City Manager stated a policy will go to the Public Utilities Board in November with input from the meeting. Councilmember deHaan stated many people are interested in the program even though solar energy does not seem to be very efficient in Alameda. Mayor Johnson requested staff to look into the Navy's quarterly Partners Sustainability Meetings; stated that the Navy has done a lot of research on alternative and solar energy. (07- ) Mayor Johnson stated that she and Councilmember Matarrese met with staff and Oakland Council President Ignacio de La Fuente regarding the realignment of a train route and re- routing of more trains onto the track that crosses 29th Avenue; Alameda and Oakland are planning a workshop on October 11; Alameda motorists need to be able to continue on once over the [Park Street] bridge; the issue is significant and affects Oakland Councilmember Kernighan's district; the purpose of the meeting is to inform Oakland and Alameda residents on what is known at the time. Councilmember Matarrese stated a railroad track is crossed when motorists proceed outbound on the Park Street Bridge; said railroad track would have increased train traffic inbound; the train traffic would go through the neighborhood along Fruitvale Avenue and cross the off ramp to I -880 southbound onto Fruitvale Avenue; Councilmember de La Fuente's office found out about the situation when the Union Pacific Railroad sought permits for traffic diversion on 29th Avenue to start repairing the tracks. The City Manager stated the meeting is scheduled for October 11th at 6:30 p . m. ; the location is to be determined; information will be Regular Meeting Alameda City Council October 2, 2007 12 provided through a press release as well as the City's website. Mayor Johnson stated the issue is significant for Alameda; currently, the Railroad is stating that there would be only three trains per day, but there is no future limit; Alameda is fortunate to have the City of Oakland's cooperation on the matter; the next meeting will include Councilmember Kernighan's office. Councilmember deHaan inquired whether other meetings with the Oakland Councilmembers are planned, to which Mayor Johnson responded in the affirmative. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 9:52 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 October 2, 2007 13 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY -- -- - OCTOBER 9, 2007 - - -- 6:00 p.m. Mayor Johnson convened the Special Meeting at 6:05 p.m. Roll Call -- Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (07- ) Conference with Legal Counsel -- Existing Litigation (54953.9); Name of Case: Harbor Bay Isle Associates v. City of Alameda. Art Coon, Miller, Starr, Regalia, (submitted a letter) relayed his clients' concerns that the City Council not unlawfully delegate its legislative authority through a settlement agreement, stressing that there is no ability to contract away the police power. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that Council approved the settlement agreement. Adj ournment There being no further business, Mayor Johnson adjourned the Special Meeting at 7:00 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council October 9, 2007 October 11, 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 202424 - 203018 EFT 419 EFT 421 EFT 422 EFT 423 EFT 424 EFT 425 EFT 426 EFT 427 EFT 428 Void Checks: Amount $1,832,756.57 $11,244.50 $39,993.50 $52,809.67 $42,560.66 $11,244.50 $529,613.68 $58,845.96 $93,930.31 $845,372.79 202396 ($544.00) 201051 ($158.00) 201052 ($256.00) 201053 ($158.00) 201478 ($158.00) GRAND TOTAL Respectfully submitted, Pamela J. Sibley Council Warrants 10/16/07 $3,517,098.14 BILLS #4 -B 10/16/2007 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: October 16, 2007 Re: Accept the Work of Pacific Trenchless, Inc., for the Cyclic Sewer Repair Project, Phase 4, No. P.W. 05 -03 -11 BACKGROUND On May 17, 2005, the City Council adopted plans and specifications and authorized a call for bids for the cyclic sewer repair project, phase 4. On February 21, 2006, the City Council awarded a contract in the amount of $2,057,000, including contingencies, to Pacific Trenchless, Inc. DISCUSSION The project has been completed in accordance with the plans and specifications and is acceptable to the Public Works Department. The contractor replaced approximately 12,000 linear feet of sanitary sewer pipelines, 370 laterals, and 32 manholes, and performed associated work at the following locations: • Laurel Street (Clinton Avenue to Powell Street). • Regent Street (Otis Drive to Central Avenue). • Walnut Street (Clement Avenue to Clinton Avenue). • Willow Street (Central Avenue to Clinton Avenue). • Backyard Sewer line within a 10 -foot wide easement (Monte Vista Avenue to Fairview Avenue). • Buena Vista Avenue (Tilden Way to Broadway). • Taylor Avenue (between Eighth Street and Page Street). • Central Avenue (High Street to Fernside Boulevard). The City issued four extra work orders to replace existing sewer main, laterals, and cleanouts on Buena Vista Avenue between Tilden Way and Broadway, Taylor Avenue between Eighth Street and Page Street, and Central Avenue between High Street and Fernside Boulevard. The extra work orders were paid from the project contingencies. The final project cost is $2,056,522. City Council Agenda Item #4 -C 10 -16 -07 Honorable Mayor and October 16, 2007 Members of the City Council Page 2 of 2 BUDGET CONSIDERATION /FINANCIAL IMPACT Funding for the project is budgeted under CI P# 95 -02, using City Sewer Enterprise funds. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION Accept the work of Pacific Trenchless, Inc., for the cyclic sewer repair project, phase 4, No. P.W. 05- 03 -11. Respec Ily submitted, Ma thew T. Naclerio Public Works Director r By: Wali Waziri , 4 Associate Civil MTN:WW:gc er--- ngineer CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: October '16, 2007 Re: Approve an Agreement with the Alameda County Congestion Management Agency for Signal Timing on Constitution Way to Lincoln Avenue, increase Appropriations, and Appropriate Grant Funds of $100,000 in Transportation Fund for Clean Air Funding BACKGROUND The Congestion Management Agency (CMA) manages the Transportation Fund for Clean Air Program Manager grants. The CMA has programmed $100,000 of the funds available in the 2007/2008 Alameda County allocation to be used for the Signal Timing: Constitution Way /Lincoln Avenue Project; 07- ALA -01. DISCUSSION The Transportation Fund for Clean Air (TFCA) is a grant program funded by a $4 surcharge on motor vehicles registered in the Bay Area. This generates approximately $22 million per year in revenues. The purpose of the TFCA program is to provide grants to implement the most cost - effective projects in the Bay Area that will decrease motor vehicle emissions and improve air quality. Projects must be consistent with the 1988 California Clean Air Act and the Bay Area Ozone Strategy. Funding Process - TFCA funds are available through two main channels: the Regional Fund and the County Program Manager Fund. The Regional Fund receives about 60% of the TFCA revenues and is administered directly by the Air District. The Program Manager Fund receives approximately 40% of the TFCA revenues and is administered in coordination with the Bay Area's nine county congestion management agencies (CMAs). The City of Alameda applied for $1 00,000 in TFCA grant funding to be applied to the signal coordination of six existing signals along Constitution Way up to Lincoln Avenue. Currently, traffic signals on Constitution Way and Lincoln Avenue are not interconnected. This project will interconnect these signals with a coordinated signal timing operation. The project will improve traffic progression on both Constitution Way and Lincoln Avenue and will reduce vehicle stops and queuing while maintaining a speed of 25 mph. The following six signals will be coordinated: City Council Agenda Item #4-D 10 -16 -07 Honorable Mayor and October 16, 2007 Members of the City Council Page 2 of 2 1. Constitution Way /Marina Village Parkway 2. Constitution Way /Atlantic Avenue 3. Constitution Way /Buena Vista Avenue 4. Constitution Way /Lincoln Avenue 5. Lincoln Avenue /Sherman Street 6. Lincoln Avenue/Grand Avenue The project is scheduled to start in November 2007, with an anticipated completion date of September 2008. As a condition of receiving the TFCA funds, the City must post signs during construction identifying the TFCA funding source, maintain all performance and expense records for three years, and provide the Bay Area Air Quality Management District with an Arterial Management Project Monitoring Report. Monitoring data to be collected includes pre - project, post - project and two -year post - project information on traffic volume and average speed for each intersection. BUDGET CONSIDERATION /FINANCIAL IMPACT Increase appropriations by $1 00,000 with funding from Transportation Fund for Clean Air Account. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION Approve an agreement with the Alameda County CMA for signal timing on Constitution Way to Lincoln Avenue, increase appropriations, and appropriate grant funds of $100,000 in TFCA funding. Respectfully submitted, ,,,ezeee__, Matthew T. Naclerio Public Works Director MTN:BH:gc By: cReathilLc-oaciDi6LAt Barbara Hawkins City Engineer T-- CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: October 16, 2007 Re: Adopt a Resolution Approving the Development Plan and the Time Schedule for the Sewer System Management Plan as Adopted by the State Water Resources Control Board BACKROUND Over the past 18 months, both the San Francisco Bay Regional Water Quality Control Board (RWQCB) and the State Water Resources Control Board (SWRCB) have adopted new requirements for municipalities that own and operate sanitary sewer collection systems. Each Board requires the preparation of a Sewer System Management Plan (SSMP), which the Public Works Department is preparing as an element of the City's Sewer Master Plan. As part of the SWRCB requirements, the governing body of a collection system agency is required to approve the development plan and the time schedule for the SSMP before it is certified. DISCUSSION The SWRCB has adopted the following SSMP time schedule for communities with a population between 10,000 and 100,000 people: Task Adopt SSMP Development Plan and Schedule Goal Identification Organization Description Legal Authority Operation and Maintenance Program Overflow Emergency Response Program Fats, Oil, and Grease (FOG) Program Design and Performance Provisions System Evaluation and Capacity Assurance Plan Monitoring and Program Modifications Program Audits Communication Program Final SSMP Implementation Completion Date November 2, 2007 November 2, 2007 November 2, 2007 May 2, 2009 May 2, 2009 May 2, 2009 May 2, 2009 August 2, 2009 August 2, 2009 August 2, 2009 August 2, 2009 August 2, 2009 August 2, 2009 City Council Report Re: Agenda Item #4 -E 10-16-07 Honorable Mayor and October 16, 2007 Members of the City Council Page 2 of 2 Many of these tasks are also required by the RWQCB, which has a more aggressive schedule, and therefore many of the tasks are already completed. As part of the RWQCB requirements, the Public Works Department has completed the goal identification; the organization description; the legal authority discussion; and the fats, oil, and grease (FOG) program that are also required by the SWRCB. In addition, the Public Works Department has completed the RWQCB sections for measures and activities, and design and construction standards. These are not required by the SWRCB. The SWRCB schedule requires that the SSMP be completed by August 2, 2009. Since the Public Works Department has already completed several required elements, as discussed above, staff anticipates that the SSMP will be completed by June 2008. BUDGET CONSIDERATION /FINANCIAL IMPACT The SSMP is funded under CIP# 94 -107, with funds available from the City Sewer Funds. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFRENCE This action does not affect the Municipal Code. ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Quality Act (CEQA), the SSMP is Categorically Exempt under CEQA Guidelines Section 15306, Information Collection. RECOMMENDATION Adopt a resolution approving the development plan and the time schedule for the sewer system management plan as adopted by the State Water Resources Control Board. Respectfully submitted, By: -.(zAF&e.6--- Matthew T. Naclerio Public Works Director MTN:WW:gc tath, Wali Waziri Associate Civil ngineer E L 8 u. 2 y as so w 2 0. 0. 4z CITY OF ALAMEDA RESOLUTION NO. APPROVING THE DEVELOPMENT PLAN AND THE TIME SCHEDULE FOR THE SEWER SYSTEM MANAGEMENT PLAN AS ADOPTED BY THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, pursuant to Section 13267 of the California Water Code, municipalities that own and operate sanitary sewer collection system are required to prepare a Sewer System Management Plan (SSMP); and WHEREAS, on May 2, 2006, the State Water Resources Control Board ( SWRCB), adopted new statewide Sanitary Sewer Overflow Waste Discharge g Requirements (SSG WDR); and WHEREAS, pursuant to the statewide 550 WDR, agencies that own and operate sanitary sewer system must develop a SSMP and complete the SSMP elements in accordance with the SWRCB milestone schedule; and WHEREAS, the City of Alameda has developed an interim SSMP, based on the Regional Water Quality Control ( RWQCB) guidelines; and WHEREAS, the City of Alameda Public Works Department's staff is responsible for completing and reporting of the SSMP elements to the SWRCB and RWQCB; and WHEREAS, the SSMP is also a part of the City of Alameda Sewer Master Plan, funded by the City Sewer Funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby approves the development plan and the milestone schedule for the SSMP as adopted by the SWRCB for communities that have a population between 10,000 and 100,000. Resolution #4 -E CC 10 -16 -07 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 October, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of October 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: October 16, 2007 Re: Adopt a Resolution Approving the Prioritized List of Projects for Consideration in 2008 Countywide Transportation Plan BACKGROUND The Alameda County Congestion Management Agency (CMA) requests local jurisdictions submit projects for inclusion in the Countywide Transportation Plan (CWTP) every four years. Currently, the CMA is compiling a list of candidate projects for the 2008 CWTP. Inclusion in the CWTP is critical for securing State funding, in particular State Transportation Improvement Plan (STIP) funds. As part of the 2008 CWTP process, the CMA has requested that jurisdictions prioritize their proposed 2008 CWTP projects. DISCUSSION In September, the CMA started the 2008 CWTP process and held meetings with elected officials to review projects and begin development of a countywide high priority project listing. The following table outlines the revenue available over the next 20 years for the 2008 Alameda County CWTP. Congestion Relief/Mobility Regional Programs and Transportation for Livable Communities (TLC) Maintenance CMA Planning Interregional Transportation Improvement Program (ITIP) Total Assumed 2008 CWTP Funding 20% increase from 2004 ($ Millions) $ 672 $ 385 $ 797 $ 24 $ 331 $2,209 Of the $2,209 million in 2008 CWTP funding, $1 ,057 million from the Congestion Relief /Mobility and Regional Programs and TLC accounts is available for distribution to local jurisdictions, with as much as $338 million going to the Planning Area One jurisdictions of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont. The City Council Report Re: Agenda Item #4 -F 10-16-07 Honorable Mayor and October 16, 2007 Members of the City Council Page 2 of 3 actual amount of money available to the City of Alameda will depend on a number of factors, including what high- priority projects and other special projects, such as bicycle and pedestrian programs, receive funding from the local jurisdictions' share. The City of Alameda could be eligible for $40.1 million in the 2008 CWTP. Five projects proposed by the City of Alameda were included in the final 2004 CWTP. The City of Alameda - initiated projects included: (1) the Willie Stargell Avenue Extension, (2) Fruitvale Avenue Railroad Bridge "No Collapse" Seismic Retrofit, (3) Miller Sweeney (Fruitvale Avenue) Roadway Bridge "Lifeline" Seismic Retrofit, (4) Estuary Bridges "No Collapse" Seismic Retrofit, and (5) 1880 Broadway /Jackson access improvements. In 2004, the 1880 Broadway /Jackson project was considered to be of regional significance, so its allocation, which was lower than the current request, was subtracted from the total amount available to Planning Area One, thereby spreading the cost among the Planning Area One cities and reducing the funding available to the cities accordingly. Of those projects in the 2004 CWTP that were initiated by the City of Alameda, the Estuary Bridges "No Collapse" Seismic Retrofit has been removed because it is being funded from other federal funds within the next 18 months. All the other projects remain on the proposed list. The following chart details the list of projects recommended for inclusion in the 2008 CWTP. Although some of the projects will not require STIP funding, they are included in the list so that they may be eligible for other state funding, such as the Proposition 1B transportation bond money. The "Requested Funds" column exceeds the maximum allocation of $40.1 million for the City of Alameda in order to encourage the CMA Board to set aside earmarked funding for bridge retrofit projects and once again select the 1880 Broadway /Jackson project as a high - priority project of regional significance. If those projects need not be funded from the City of Alameda's jurisdictional allocation, there will be funding available for other local projects, which have been prioritized and included on the list. Projects and their priorities are based on past Council direction, input from citizens during the City's biannual Capital Improvement Program public workshops, and transportation impacts identified in certified Environmental Impact Reports. Priority Description Total Project Cost ($ Millions) 19.5 Requested Funds ($ Millions) 0.0 N/A Willie Stargell Avenue Extension 1 Miller Sweeney (Fruitvale Avenue) Roadway Bridge Lifeline Seismic Retrofit 32.6 21.6 2 Fruitvale Avenue Railroad Bridge No Collapse Seismic Retrofit 11.0 10.0 3 I -880 Broadway /Jackson Phase 1 200.0 192.5 Honorable Mayor and Members of the City Council October 16, 2007 Page 3 of 3 4 Estuary Bridges Safety Improvements 6.0 1.0 5 Local Streets and Roads Rehabilitation 20.0 15.0 6 Extension of Clement Avenue 18.3 12.0 7 Alameda Point Transit Oriented Development 6.0 _ 2.0 8 Water Taxi Vessel Procurement 1.85 1.0 9 West End's Northern Perimeter Road with Park and Ride Lot: Mitchell to Mariner Square Drive 12.6 0.0 10 City of Alameda East Bay Smart Corridors and Intelligent Transportation System (ITS) implementation 9.7 TBD The 2008 CWTP process will continue through December 2007, at which time the CMA- approved CWTP will be forwarded to the Metropolitan Transportation Commission. Once projects are placed on the CWTP, they can compete for funds, during the next four years, based on project readiness and specific funding criteria. BUDGET CONSIDERATION /FINANCIAL IMPACT There is no impact to the General Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION Adopt a resolution approving the prioritized list of projects for consideration in the 2008 CWTP. Respectfully submitted, l�syZ3�s�r Barbara Hawkins Acting Public Works Director MTN:BH:gc Approved as to Form CITY OF ALAMEDA RESOLUTION NO. APPROVING THE PRIORITIZED LIST OF PROJECTS FOR CONSIDERATION IN THE 2008 COUNTYWIDE TRANSPORTATION PLAN WHEREAS, the Alameda County Congestion Management Agency (CMA) is required to update the Countywide Transportation Plan (CWTP) every four years; and WHEREAS, the Alameda County CMA is requesting local jurisdictions submit a prioritized list of projects to be considered for inclusion in the CWTP; and WHEREAS, the City of Alameda supports special earmark funding by the CMA y MA for the lifeline seismic retrofit of one of the City's bridges; and WHEREAS, the City of Alameda believes the 1 -880 Broadway/Jackson project i .. Y p 1 is of regional significance and should be identified as a High Priority project within 2008 CWTP; and � Y p � itn�n W WHEREAS, the City of Alameda would like to maximize the opportunity y t o be considered for all sources of funding which requires those J ro'ects be included in the CWTP; and p WHEREAS, the City of Alameda has prioritized ro•ects that address p � capital needs as a result of projected growth in Alameda as well as restoration e ro p acts that help maintain the existing infrastructure; and WHEREAS, the City of Alameda is a "Transit First" Community so transit ro' • .. Y projects are included to help mitigate existing and future congestion as well as reduce air emissions; and WHEREAS, the City of Alameda agrees that the following prioritized list of Transportation gp ransportation projects are needed to meet the transportation needs of the City, Priority N/A 1 2 3 4 5 5 Description Willie Stargell (formally Tinker) Avenue Extension Miller Sweeney or Fruitvale Avenue Roadway Bridg e Lifeline Seismic Retrofit Fruitvale Avenue Railroad Bridge No Collapse Seismic Retrofit 1 -880 Broadway /Jackson Phase 1 Estuary Bridges Safety Improvements Local Streets and Roads Rehabilitation Extension of Clement Avenue Resolution #4 -F CC 10 -16 -07 7 8 9 10 Alameda Point Transit Oriented Development Water Taxi Vessel Procurement West End's Northern Perimeter Road with Park and Ride Lot: Mitchell to Mariner Square Drive City of Alameda East Bay Smart Corridors and ITS implementation NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda approves the prioritized list of projects as The City of Alameda's recommendation to the CMA for inclusion in the 2008 CWTP. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 16th day of October, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this-16th day of October, 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: October 16, 2007 Re: Adopt a Resolution Authorizing the Open Market Purchase Pursuant to Section 3 -15 of the Alameda City Charter for the Purchase of PUMA Management Software for Police Digital Audio Recorders (Requires 4 Affirmative Votes) BACKGROUND In 2004, the Police Department purchased PUMA Digital Audio Recorders (DAR) for all patrol officers. The recorders are used to record some official police contacts as well as to take statements from involved parties in criminal investigations. At the time of purchase, funds were not available to acquire the PUMA Management Software System, which retains, manages, and tracks the recordings. Since the inception of this program, the Police Department has accumulated over 12,000 DAR recorded files. By obtaining the PUMA Management Software System, the Department will be able to effectively manage and control the digital audio recorded files in a more secure, efficient manner. DISCUSSION The PUMA Management Software system will allow the Police Department to manage and properly maintain its growing number of recorded files. These recorded files are considered evidence; as such, this software and secure server are essential to the overall security and management of the recordings and help establish a secure chain of custody for the courts. The software also allows the Police Department to track the recorded files more efficiently when attempting to locate the files in response to a subpoena. The current process of locating and copying the recorded files is extremely labor intensive and time consuming. Versatile Information Products is the sole provider of the PUMA Software Management System, which is the only system currently available that will work with the department's Digital Audio Recorders. For that reason, an open market purchase of the software, pursuant to Section 3 -15 of the Alameda City Charter is required. City Council Report Re: Agenda Item #4 -G 10-16-07 Honorable Mayor and October 16, 2007 Members of the City Council Page 2 of 2 BUDGET CONSIDERATION /FINANCIAL IMPACT The cost of the PUMA Software Management System is $29,249. This is an approved budgeted item, and the funds will come from the Equipment Replacement Fund in the Police Department's Operations Budget. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION Adopt a resolution authorizing the sole source purchase pursuant to Section 3 -15 of the Alameda City Charter for the PUMA Management Software from Versatile Information Products for an amount not to exceed $29,249 (Requires 4 Affirmative Votes). Respectfully submitted, 4---,.Q Walter B. Tibbet Chief of Police Approved as to Form CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING OPEN MARKET PURCHASE FROM VERSATILE INFORMATION PRODUCTS OF RIVERSIDE, CALIFORNIA PURSUANT TO SECTION 3 -15 OF THE ALAMEDA CITY CHARTER FOR PUMA SOFTWARE MANAGEMENT SOFTWARE SYSTEM (REQUIRES FOUR AFFIRMATIVE VOTES) WHEREAS, the Police Department stores Digital Audio Recordings for evidentiary purposes; and WHEREAS, the implementation of this system will allow for more secure storage of Digital Audio Recordings; and WHEREAS, the funds for this management software system are available in the Police Department's Equipment Replacement Operations Budget; and WHEREAS, Section 3-15 of the City Charter provides that the City Council, by four affirmative votes, can authorize an open market purchase, without competitive bidding, if it determines that the product can be purchased at a lower price in the open market; and WHEREAS, the PUMA Management Software System is the only software system available to support the management of the Police Department's Digital Audio Recordings, and therefore an open market purchase of this product from the sole source provider is effectively the "lowest price" available. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda, pursuant to Section 3 -15 of the City Charter, and by four affirmative votes, hereby authorizes the open market purchase of PUMA Management Software System for the management of Digital Audio Recordings. Resolution #4 -G CC 10 -16 -07 1, the undersigned, hereby certify that the foregoing Resolution was dul y and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the day of October, 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 October, 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: October 16, 2007 Re: Introduce an Ordinance Amending the Alameda Municipal Code by Repealing and Amending Various Sections of Article 1 (Parking Lots) and Article 11 (On- Street Parking Meter Zones) of Chapter XII (Designated Parking) and Adding a Definition Section (Section 12 -0) Applicable to all Articles to Provide for the Regulation of Public Parking Surface Lots and Parking Structures Administered by the City of Alameda BACKGROUND on August 7, 2007, the City of Alameda's City Council and Community Improvement Commission (CIC) approved the Parking Management and Operations Plan for the new Civic Center Parking Structure. The parking structure is expected to be open by early 2008. The primary goal of the Parking Management and Operations Plan ( "Plan ") is to help facilitate the effective and successful operation of the City of Alameda's first public parking garage. The Plan recognized that the addition of the parking structure to the City's inventory of off-street public parking facilities will require amending certain sections of the Alameda Municipal Code (AMC) and administrative determinations. The Development Services Department, the Public Works Department, and the City's v Attorney's Office have worked together to bring these changes before the City Council. DISCUSSION Currently, Chapter XII (Designated Parking) of the AMC specifically defines approved methods of payment and identification of parking spaces. The proposed changes outlined below would include the new Civic Center Parking Structure in the City's parking regulatory framework. For example, the definition of "parking meters" is expanded to conform with new payment technologies, such as the pay -by -space machines to be used in the new parking structure. These technologies provide motorists with greater payment options by accepting, in addition to coin and currency, other legal forms of payment like credit and debit cards. City Council Report Re: Agenda Item #4-H 10-16-07 Honorable Mayor and Members of the City Council October 16, 2007 Page2of5 Chapter XII is divided into four Articles. The proposed changes to Chapter XII outlined below apply only to Article 1 (Parking Lots) and Article H (On- Street Parking Meter Zones). Add Section 12 -0 (Definitions) to replace and supersede Section 12 -11 (Definitions). This new section at the beginning of Chapter XII provides the expanded definition for "parking meter" as well as current definitions for other appropriate terms like "street" and "vehicle" for all subsequent parking regulations. The new parking meter definition allows for payment by paper currency, credit, and debit cards and provides flexibility to adapt to possible future technologies, which may include payment through remote devices like cell phones and personal computers. Amend Section 12-4 (Public Off- Street Parking Lots). This section is amended with the new title "Public Off - Street Parking Lots Including Garage Parking Structures." On October 2, 2007, the Council approved amending Section 12 -4.1 (Establishment of Public Off- Street Parking Lots) to state that public off- street parking lots include public off - street parking structures and off - street surface parking Tots. These changes effectively add the Civic Center Parking Structure to the City's inventory of off- street public parking facilities. Amend Section 12-4.2 (Method of Regulation). The amended section deletes an extraneous sentence referring to public off - street parking lots controlled by attendants. The amended section retains language stating that the method of regulation and control of parking or standing vehicles in public off - street parking lots shall be determined by the City Council. Amend Section 12 -4.4 (Parking Meter Charges). This amended section includes reference to "other legal forms of payment such as credit cards, debit cards, that are legally accepted as a valid form of cash payment in the United States." Also, the amended section deletes outdated and superfluous text regarding parking meters, such as "turn the operating key of said meter in a clockwise direction to the extent allowed ". Amend Section 12 -4.5 (Rates for Use of Public Off- Street Parking Lots). The amended subsection (a) includes similar language regarding other legal forms of payment such as paper currency, credit and debit cards. Also, subsection (d) deletes the word "Charge" from the term "Parking Meter Charge Fund." Amend Section 12 -4.8 (Trailers and Other Non - Vehicles and Selected Vehicles Prohibited from Off- Street Parking). The amended section expands the prohibition of parking any house or truck trailer in a public parking lot to include mobile homes, commercial coaches, special purpose commercial coaches, and recreational vehicles. Honorable Mayor and October 16, 2007 Members of the City Council Page 3 of 5 Amend Section 12 -13.2 (Regulations for Parking at Parking Meters). Amended subsection (a) includes language regarding other legal forms of payment such as paper currency, credit, and debit cards. Amend Section 12-13.3 (Marking of Meter Zones and Parking Therein). Amended subsection (a) states that a number or a letter may be used to distinguish parking spaces that are regulated by meters, like those to be used in the parking structure. Currently, only lines or marks that are painted on the curb or on the street next to each parking meter or parking space define parking spaces. Amend Section 12-13.4 (Parking Meter Fund). The amended section states that the Parking Meter Fund will reimburse "Internal Service Funds and Capital Improvement Funds" in addition to the General Fund "for any payment made there from, during the same fiscal year, for such purposes." This change will enable the City to differentiate and separately track the revenues and costs related to the new Civic Center Parking structure. Amend Section 12 -13.7 (Unlawful to Park After Meter Time has Expired). The revised section allows for new meter technologies to use "other means of indication" that time has expired besides the red flag signal in traditional parking meters. The pay - by -space machines to be used in the new parking structure will provide motorists with a printed receipt that shows the legally paid allotted time. Amend Section 12 -13.9 (Parallel or Diagonal Parking). The revised section has been simplified to state that any vehicle parking in a parallel parking space in a public off - street lot shall be parked "within the marked parking space ", such as the parking "T's" used to mark parking spaces. Amend Section 12 -15.1 (Records of Violations; Attaching Notice of Violations to Vehicle). The amended section states that an over - parked citation will include the number or letter of the parking space, as would be applicable in the new parking structure. Currently, only the parking meter number is used to identify the precise location of parking spaces on- street and in off - street surface parking lots. Amend Section 12 -16.4 (Parking for More Than Time Permitted in Parking Space). Like Section 12-13.7 above, this revised section allows for new meter technologies to use "other form of reporting" to indicate that the space is illegally in use. The pay -by- space machines to be used in the new parking structure will inform motorists with a printed receipt that shows the legally paid allotted time. The amended section also states that parking rates for the parking structure will be in effect between the hours of 9 :00 a.m. to 5:00 p.m., Monday through Saturday, including holidays, and free in the evenings and on Sundays. As discussed at the August 7, 2007, City Council meeting, the City will review holiday parking, the employee parking p ermit Honorable Mayor and October 16, 2007 Members of the City Council Page 4 of 5 programs, and other related parking structure policies once parking demand and patterns have been established. Next Steps: ■ The City has contracted with Wilbur Smith Associates (WSA) to conduct a parking study for the Park Street and West Alameda Business Districts, addressing various downtown parking issues. Staff anticipates that WSA's recommendations will include an increase in on- street parking rates, which are currently $.50 per hour. The WSA study should be completed later this year, with presentations to the Economic Development Commission, the Transportation Commission, the Planning Board, and the City Council. ■ In conjunction with the WSA study, the City will also examine and compare the fines for parking citations in the commercial districts with other similar, local jurisdictions. This was the City Council's direction at the August 7, 2007, Council meeting. ■ The City anticipates recommending approval of the Maintenance and Operation Contract for the parking structure to the City Council on Tuesday, November 6, 2007. • The City will launch the public education campaign for the parking structure later this year. BUDGET CONSIDERATION /FINANCIAL IMPACT The proposed code changes will facilitate the determination of parking revenues for the Civic Center Parking Structure by including the new facility in the City's regulatory regime. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Alameda Downtown Vision Plan 2000 — Action F4 -- Consider building a parking structure as part of a Downtown parking management program. The AMC Chapter XII is 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. 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. Honorable Mayor and October 16, 2007 Members of the City Council Page 5 of 5 RECOMMENDATION Introduce an ordinance amending the AMC by amending various sections of Chapter XII (Designated Parking) to provide for the regulation of public parking surface lots and parking structures administered by the City of Alameda. Re • ully submitte Leslie A. Little Development Services Director By: Dorene E. Soto Manager, Business Development Division By: Eric Fonstein Economic Development Coordinator DK/LAL /DES /EF:ry CONCUR: Matthew T. Naclerio elI - e Ann Dyer Public Works Director Chief Financial Officer CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING ALAMEDA MUNICIPAL CODE BY REPEALING AND AMENDING VARIOUS SECTIONS OF ARTICLE 1 (PARKING LOTS) AND ARTICLE 11 (ON STREET PARKING METER ZONES) OF CHAPTER XII (DESIGNATED PARKING) AND ADDING A DEFINITION SECTION (SECTION 12 -0) APPLICABLE TO ALL ARTICLES TO PROVIDE FOR THE REGULATION OF PUBLIC PARKING SURFACE LOTS AND PARKING STRUCTURES ADMINISTERED BY THE CITY OF ALAMEDA BE IT ORDAINED by the Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by adding section 12 -0 (DEFINITIONS) applicable to Chapter 12 in its entirety to read as follows: 12 -0 DEFINITIONS. As used in this Chapter: Operator shall mean and include every individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of the owner. Parking meter zones shall mean portions of streets or off - street parking lots described and established by the City Council pursuant to subsection 12 -12.1. Parking Meter shall mean any coin receptacle, instrument, device, indicator or machine which upon the deposit therein of such coin or paper currency of the United States or other legal form of payment such as credit cards and debit cards, that are legally accepted as a valid form of cash payment in the United States of America and as may be required by this title shows, indicates, registers, displays or permits legal parking for one or more spaces in the parking meter zone wherein or adjacent to which such coin receptacle, instrument, device, indicator or machine is situated. A parking meter as defined herein may or may not be a self- contained timing device; it may be manually adjusted, automatically or manually controlled, or otherwise operated either externally or internally, so as to show, indicate, register, display or permit legal parking upon the deposit of coin or p a p er currency of the United States of America or other legal form of payment such as credit cards and debit cards, that are legally accepted as a valid form of cash payment in the United States of America and as required by this title. Person shall mean and include any individual, firm, copartnership or corporation. Street shall mean any public street, avenue, road, boulevard, highway or other public place located in the City and established for the use of vehicles. Vehicle shall mean any device in, upon or by which any person or property is or may be transported upon a highway, except a device which is operated upon rails or tracks. Introduction of Ordinance #4 -H CC 10 -16 -07 Section 2. The Alameda Municipal Code is hereby amended by repealing and thereafter reserving Section 12 -11 (DEFINITIONS) since it is superseded by Section 12 -0. Section 3. The Alameda Municipal Code is hereby amended with a new title for Section 12 -4 which shall be "PUBLIC OFF- STREET PARKING LOTS INCLUDING GARAGE PARKING STRUCTURES" and Alameda Municipal Code Subsections, 12 -4.2, 12 -4.4, 12-4.5, 12-4.6, and 12 -4.8 of Section 12 -4 are hereby amended to read as follows: 12 -4 PUBLIC OFF- STREET PARKING LOTS INCLUDING GARAGE PARKING STRUCTURES. 12 -4.2 Method of Regulation. The method of regulation and control of parking or standing of vehicles in public off - street parking lots shall be determined by the City Council, and may be by parking meters, attendants or any other appropriate means. 12-4.4 Parking Meter Charges. When any vehicle shall be parked in any space in a parking meter zone where parking meter is established in accordance with other provisions of this article, the operator of said vehicle, upon so parking, shall, and it shall be unlawful to fail to, deposit immediately one (1) or more five ($.05) cent, ten ($.10) cent, or twenty -five ($.25) cent coins or paper currency of the United States in the arkin p g meter or other legal form of payment such as credit cards and debit cards, that are legally accepted as a valid form of cash payment in the United States of America for the designated space as per the directions imprinted on the parkin g meter. 12 -4.5 Rates for Use of Public Off- Street Parking Lots. a. The parking meters located on the public off - street parking lots shall be equipped to receive only legal coins or paper currency of the United States of America or other legal form of payment such as credit cards and debit cards, which are legally accepted as a valid form of cash payment in the United States of America. The rates shall be designated by appropriate markings or signs. b. Parking meter rates shall be as established by resolution. c. The rates for use of attendant lots shall be established per agreement with contractor and approved by City Council. d. Moneys collected from the parking lots shall be placed in the Parking Meter Fund and used accordingly pursuant to subsection 12 -13.4. 12 -4.8 Trailers and Other Non - Vehicles and Select Vehicles Prohibited from Off - Street Parking. It shall be unlawful for any person to stop, stand or park any manufactured home (as defined by Section 18007 of the Health and Safety Code), mobile home (as defined in Section 18008 of the Health & Safety Code), commercial coach (as defined in Section 18001.8 of the Health & Safety Code), special purpose commercial coach (as defined in Section 18012.4); recreational vehicle (as defined in Section 799.29 of the Civil Code or a truck trailer or trailer frame of any form or size in any public off- street parking lot except for areas designated as Loading Zones within off - street parking lots, and then only as otherwise permitted in Subsection 8.11.1 of this Code. Section 4. The Alameda Municipal Code Subsections 12 -13.2, 12 -13.3, 12- 13.7, and 12 -13.9 of Section 12 -13 are hereby amended to read as follows: 12 -13.2 Regulations for Parking at Parking Meters. a. Parking meters, when installed, shall be so adjusted to show legal parking upon and after the deposit of only legal coins or paper currency of the United States of America or other legal form of payment such as credit cards and debit cards, which are legally accepted as a valid form of cash payment in the United States of America. Maps detailing the location, time limits and hours of operation for all meters within the City shall be established and maintained by the Public Works Department. b. Parking Within Parking Spaces. Parking spaces on public off - street parking lots shall be designated by lines or other appropriate markings. When parking spaces are so designated, it shall be unlawful for the operator of any vehicle to stop, stand or park the vehicle other than in a regularly designated parking or loading space, across any such line or marking, or in such position that the vehicle shall not be entirely within the area so designated as a parking space. No vehicle shall be parked, stopped, nor shall stand either wholly or partially in Y any driveway of any public off - street parking lot or in any manner which shall obstruct or interfere with the free movement of vehicles in such driveway or in any manner so as to obstruct or otherwise prevent or interfere with ingress to or egress from any regularly designated parking space. 12 -13.3 Marking of Meter Zones and Parking Therein. a. The Public Works Director shall cause lines or markings to be painted designating the parking space for which the meter is to be used, and each vehicle parked or within a parking space so designated by a number or a letter shall park within said lines or markings. It is unlawful to park any vehicle across any such line or marking, and to park a vehicle in such a position that it shall not be entirely within the space designated by such lines or markings. The Public Works Director shall establish hours of operation, and maximum time limits, and shall cause signage to be placed on each meter which shall indicate days and hours of operation, maximum time limits, and any exception. Such signs on parking meters shall constitute the parking meter zone sig ns referred to in subsection 12-16.4. b. Signs. The Public Works Director shall cause an appropriate sign to be affixed to or located on each parking meter within a parking meter zone indicating the hours of operation of such meter and the maximum parking time permitted in the zone. Such signs on parking meters shall constitute the parking meter zone signs referred to in subsection 12 -16.4 of this Code. (Ord. No. 903 N.S.; Ord. No. 1580; Ord. No. 2537 § 50 [17 -365]; Ord. No. 2664 § 2) 12 -13.4 Parking Meter Fund. The Parking Meter Fund is hereby established. Money collected by the City or its contractors from parking meter or off - street parking lot charges as herein set forth shall be placed in the Parking Meter Fund and shall be used only to regulate the use of parking spaces or off-street parking lots; to provide parking facilities and areas, together with maintenance and service thereon; to repay principal and interest on bonds issued for such purposes; and to reimburse the City's General Fund , Internal Service Funds and Capital Improvement Funds for any payment made therefrom, during the same fiscal year, for such purposes. (Ord. No. 2006 N.S.) 12 -13.7 Unlawful to Park After Meter Time has Expired. It shall be unlawful for the operator of any vehicle to permit the vehicle to remain parked in any parking space during any time that the meter is showing a signal or other means of indication indicating that such space is illegally in use other than such time immediately after the original occupancy as is necessary to operate the meter to show legal parking. (Ord. No. 1202 N.S.; Ord. No. 2452 N.S. §1). 12 -13.9 Parallel or Diagonal Parking. When a parking space in any public off - street parking lot is designed as parallel parking space, any vehicle parked or standing in such parking space shall be parked or shall stand so that the foremost part of the vehicle shall be within the marked parking space. Ord. No. 903 N.S.; Ord. No. 2423 N.S. § 2; Ord. No. 2537 §1). Section 5. The Alameda Municipal Code Section 12 -15 is hereby amended to read as follows: 12 -15 VIOLATIONS. 12 -15.1 Records of Violations; Attaching Notice of Violation to Vehicle. It shall be the duty of each police officer to take the number of any meter or the designated number or letter of the parking space for those locations that have a single parking meter for multiple parking spaces designated by a number or a letter at which such vehicle is over parked, as provided in this article, the State vehicle license of such vehicle, the time and date of such over parking, and the make of such vehicle, and issue, in writing, a citation for illegal parking in the same form and subject to the same procedure provided for by the laws of the State of California applicable to the traffic violations within the City. (Ord. No. 903 N.S.) Section 6. The Alameda Municipal Code Subsections 12 -15.4 of Section 12 -15 is hereby amended to read as follows: 12 -16.4 Parking for More Than Time Permitted In Parking Space. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his/her name or operated or controlled by him/her to be parked in any parking space within a parking meter zone where a parking meter is established, for more than the time indicated by proper signs placed in such parking meter zones indicating the maximum parking time allowed in such parking space, or any time during which meter is displaying a signal or other form of reporting indicating that the space is illegally in use except during the time necessary to set the said meter to show legal parking, and excepting also during the time from 6:00 p.m. to 9:00 a.m. Mondays through Saturdays and all day on Sundays and legal holidays. The Civic Center Parking Structure, is excepted from parking payment Mondays through Saturdays and on legal holidays from 5:00 p.m. to 9:00 a.m. and all day Sundays. When any section of this article exempts holidays from the parking restriction, the holidays exempt shall be the day observed by the City for the following: January 1 Martin Luther King, Jr.'s Birthday Lincoln's Birthday Presidents' Day Memorial Day July 4 Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving December 25 Section 7. 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 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 October, 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 October, 2007. Lara Weisiger, City Clerk City of Alameda Assistant City Attorney CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING ALAMEDA MUNICIPAL CODE BY REVISING VARIOUS SECTIONS OF CHAPTER 11 (ADMINISTRATION), CHAPTER VIII (TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES) AND CHAPTER XII (DESIGNATED PARKING) TO MODIFY THE TRANSPORTATION COMMISSION'S PURPOSE AND AUTHORITY 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, prior to making recommendations to Council. The Transportation Commission may review major transportation plans, including project plans and documents that affect transportation systems in the City for the purpose of providing comments and advising the Planning Board and/or City Council, when and where appropriate, on the consistency of the proposed plans or documents with established and/or adopted City of Alameda transportation policies. 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 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. Final Passage of Ordinance #4 -1 CC 10 -16 -07 b. Review and advise the appropriate City departments, committees, commissions, boards, and City Manager on transportation related documents. c. Review major transportation plans, including project plans and documents that affect transportation systems in the City for the purpose of providing comments and advising the Planning Board and/or City Council, when and where appropriate, on the consistency of the proposed plans or documents with established and/or adopted City of Alameda transportation policies.,. 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 operation 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- 24.1(b), 8 -2T3, and 12 -12.1, the Public Works Director shall provide a written notice of his/her decisions(s) to properties within three hundred (300) 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 Direction shall record all evidence, including the statement of any experts and photographs and video recordings of the g 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 i 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 g person, semaphore or other traffic signal 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 Street 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 VII! (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 all modes of transportation, 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 all modes of transportation at 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 and adopted City policy. 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 Vill 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 indicated for the safety or adequate flow of all modes of transportation, 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 (Traffic, 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 all modes of transportation, 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 of adequate flow of all modes of transportation, 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 Works 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 enerall g Y accepted transportation engineering and planning standards and rinci les p p indicated for the safety or adequate flow of all modes of transportation, 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 in 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 . p 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 for at least twenty -four (24) hours p rior 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 and removal of existing angled parking . p g locations shall be made by the Public Works Director to the Transportation Commission for approval, whenever traffic engineering studies or rinci les p p indicate the safe and adequate flow of all modes of transportation can be accommodated. . Upon approval by the Transportation Commission of the public p 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 p arked at the angle designated and shall park entirely within the marked spaces. The Public Works Director shall cause to have installed and maintained pavement . p 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 Team is hereby authorized to designate parking p g 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 g g 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 here authorized to designate parking p g 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 e. any area designated by appropriate signage. p g g Records shall be established and maintained detailing these locations and shall be available at the Public Works Department. 8- 8.5lntersection Visibility Zones. The Public Works Director is hereby authorized, based upon what enerall g Y accepted transportation engineering and planning standards indicate for the safety or adequate flow of all modes of transportation to designate Intersection Visibility Y Zones, , in accordance with the CVC Section 22507(a), at or near any intersection. Y The Public Works Director shall cause to be installed and maintained signage and g na g 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 arkin at new p g developments in a manner and quantity as required in adapted City p olicies. Section 10. The Alameda Municipal Code is hereby amended by amending subsection 8 -11.1 (Establishment of and Regulations Pertainin g 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 all modes of transportation, 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. 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 Vill 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 Openin g Signal) of S� nal 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 Channel 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 all modes of transportation, 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 . • p what generally accepted transportation engineering and planning standards indicate 9 indicate for the safety or adequate flow of all modes of transportation 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- 22.1'1 (Hearing and Decision by Technical . y 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 (19) 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 . p 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 Y our reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may p erson appear in p 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 Traffic Advisory Committee 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 mailin of the g notices of intention to by a abate and remove, a public hearing shall be held b 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 p e 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 of the land submits a sworn written statement denying Y g 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 g which does not require his /her presence. Notice of the hearing shall be mailed, g , 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 . p q est for hearing is not received within ten (10} days after mailing of the notice . g of intention to abate and remove, the City shall have the authority to abate and Y remove the vehicle or parts thereof as a public nuisance without holding public h g a p Baring. 8- 22.11 Hearing and Decision by a Hearing Officer. a. Alt hearings under this section shall be held before the Hearing g which shall hear all facts and testimony he/she deems pertinent. The p facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private . p property or public property. The Hearing Officer shall not be limited by the technical Y echnical rules of evidence. The owner of the land may appear in person at Y pp p 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 . p 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 VIII 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 all modes of transportation. 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 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. p No vehicle shall remain backed up to the curb except while being actually Y loaded or unloaded or where allowed by signage on any of the streets of the City. Y Section 18. The Alameda Municipal Code is hereby amended by amending subsections 8 -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 p ty limits including the displacement of up to three parking spaces. The . g p Public Works Director may elect to refer the issue to the Transportation p on 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 y m its 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- . p street parking structures and off- street surface parking Tots and all of the g e 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 rks Department. 12 -4.10 Street Sweeping Restrictions. It shall be unlawful to stop, park, or leave standing any vehicle, whether attended or unattended, s between the hours of 5:00 a.m. and 7:00 a.m., Sundays and holidays y excepted, at all City Parking lots 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 all modes of transportation. 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. Attest: Lara Weisiger, City Clerk City of Alameda Presiding Officer of the Council 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 October, 2007, by the Y 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 , 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: October 16, 2007 Re: Hold a Public Hearing Regarding Financing for Shinsei Gardens Apartments Under the Requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986 and Adopt a Resolution Authorizing the City Manager to Execute a Joint Powers Agreement Relating to the California Municipal Finance Authority and a Resolution Approving the Issuance of Tax - Exempt Bonds by the California Municipal Financing Authority for a Limited Partnership to be Established by Resources for Community Development BACKGROUND on October 6, 1999, the Alameda Reuse & Redevelopment Authority (ARRA), Community Improvement Commission (CIC), Housing Authority Board of Commissioners (HABC) and City Council (collectively "the City ") approved a Memorandum of Understanding (MOU) regarding the Standards of Reasonableness for Homeless Users at Alameda Naval Air Station. The MOU, which was fully executed on February 22, 2000, requires the development of a 39 -unit affordable rental housing project on a portion of the former Fleet Industrial Supply Center (FISC). Operation Dignity (OD), a provider of transitional housing for veterans at Alameda Point, is the third -party beneficiary of the 39 -unit project. When the units are built, OD is entitled to operate the project from year 15 to year 59. Pursuant to the MOU, the City went through a Request for Proposals process to 2002 and selected Resources for Community Development (RCD), a non - profit development corporation, as its development partner to construct the 39 -unit project, now named Shinsei Gardens Apartments. Because of OD's leasehold interest in the project as set forth in the MOU, OD's cooperation in seeking funding to construct the 39 -unit project, in particular the use of affordable housing tax credits, was necessary. In 2005, OD sued the City for lack of progress on Shinsei Gardens Apartments. A Settlement Agreement to dismiss the lawsuit was approved on September 19, 2006. As part of the Settlement Agreement, the City approved an Implementation Agreement clarifying the terms and conditions of the MOU with respect to Shinsei Gardens Apartments. The Implementation Agreement City Council Public Hearing Agenda Item #5 -A 10-16-07 Honorable Mayor and October 13, 2007 Members of the City Council Page 2 of 5 provides a structure for funding Shinsei Gardens Apartments that permits the City to pursue tax credit financing and other outside financial assistance to leverage its own funds. In support of this funding effort, on October 3, 2006, the City and CIC pledged up to $4 million in local funds for the project. This commitment of local funds enables RCD to leverage several other funding sources for the project. For example, RCD was able to apply for and receive a $3.5 million award of funds from the State Multifamily Housing Program (MHP), a critical step in securing 4% tax credit financing. On November 5, 2007, RCD will submit an application to the California Debt Limit Allocation Committee ( CDLAC) for an allocation of up to $13 million in tax credit financing. if approved, construction will begin by April 2008. DISCUSSION A $13 million tax credit commitment from CDLAC will allow RCD to secure a tax credit investor, anticipated to be National Equity Fund, Inc. The tax credit investor will then invest those funds in two ways: approximately $1 million will be used during construction, and the remainder will help secure a $10 million construction loan from Citibank. At the completion of the project, the tax credit investor's funds and the State MHP funds will pay off the construction loan and be converted to permanent financing. RCD has requested that the California Municipal Finance Authority (CMFA) serve as the municipal issuer of the tax - exempt revenue bonds in an aggregate principal amount not to exceed $13,000,000. Proceeds from the issuance of the bonds will be applied toward constructing and equipping the Shinsei Gardens Apartments to be located at 401 Wilver "Willie" Stargell Avenue. The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural, and community development through the financing of economic development and charitable activities throughout California. To date, over 50 municipalities have become members of CMFA, including the cities of San Francisco, Oakland, San Jose, Milpitas, Vallejo, and Daly City and the counties of Alameda, Contra Costa, Sonoma, San Mateo, Santa Cruz, Marin, and San Diego. The CMFA was formed to assist local governments, non - profit organizations, and businesses with the issuance of taxable and tax - exempt bonds aimed at improving the standard of living in California. In order for all, or a portion of, the bonds to qualify as tax - exempt bonds, the City of Alameda must conduct a public hearing, known as a "TEFRA Hearing ", to provide members of the community with an opportunity to speak in favor of or against the use of tax - exempt bonds for the financing of Shinsei Gardens Apartments. Notice was provided to the community through the publication and posting of a Notice of Public Hearing fourteen days prior to the public hearing. Following the public hearing portion of the meeting and in order for the CMFA to serve as the issuer of the bonds for the project, it is necessary for the City of Alameda to Honorable Mayor and October 16, 2007 Members of the City Council Page 3 of 5 become a member of the CMFA through adoption of a resolution authorizing the execution of a joint exercise of powers agreement. The Agreement, which is on file in the City Clerk's Office, provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities, and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement. The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the borrower, the City, could, at any time following the execution of the agreement and the issuance of the bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA. The City must also adopt a resolution approving the issuance of the bonds by the CMFA for the benefit of a limited liability partnership to be established by RCD for the project. The resolution enables RCD or its affiliate to leverage the City's up to $4 million investment with up to $13 million in tax credit financing. The authorization will be limited to funding for the Shinsei Gardens Apartments. BUDGET CONSIDERATION /FiNANCiAL IMPACT Holding the public hearing and approving the resolutions does not increase the City's financial obligations beyond those made to the project on October 3, 2006. The $4 million pledged to this project is funded by sources which include: W EC1 P housing funds, BWiP housing funds, City HOME funds, Affordable Housing Unit Fees, BWIP housing bond proceeds, and BWIP in -lieu funds. The bonds issued by the CMFA for Shinsei Gardens Apartments will be the sole responsibility of RCD and the Limited Liability Corporation it forms with its tax credit investor. The City of Alameda will have no financial, legal, moral obligation, liability, or responsibility for the repayment of the bonds for Shinsei Gardens Apartments. All financing documents will contain clear disclaimers that the bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by RCD. There are no costs associated with membership in the CMFA, and the City will not have any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City's appropriation limits and will not constitute any type of indebtedness by the City. Aside from holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the City Council will be required. The Board of Directors of the California Foundation for Stronger Communities, a California non - profit public benefit corporation (the "Foundation "), acts as the Board of Directors for the CMFA. The CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Alameda, it is expected that 25% of the issuance fee (up to $8,125) will be granted by the CMFA to Honorable Mayor and October 16, 2007 Members of the City Council Page 4 of 5 the General Fund of the City. Such grant may be used for any lawful purpose of the City. RCD or its affiliate will be the beneficiary of CMFA's charitable donation through a 25% reduction in issuance fees. RECOMMENDATION Conduct a public hearing regarding financing for Shinsei Gardens Apartments consistent with this requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986 and: 1) adopt a resolution authorizing the City Manager to execute a Joint Powers Agreement with California Municipal Finance Authority and 2) adopt a resolution approving the issuance of tax - exempt bonds by the California Municipal Financing Authority for a limited liability partnership to be established by Resources for Community Development for Shinsei Gardens Apartments. R b m i tte Leslie A. Little Development Services Director e otter Base Reuse and Community Development Manager DK\LAL \DP:mlf CITY OF ALAMEDA RESOLUTION NO. APPROVING, AUTHORIZING, AND DIRECTING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY WHEREAS, the City of Alameda, California (the "City "), has expressed an interest in participating in economic development, cultural and community development financing programs (the "Programs ") in conjunction with the 0 parties to that certain Joint Exercise of Powers Agreement Relating to the . g California Municipal Finance Authority, dated January 1, 2004, (the "Agreement "); and WHEREAS, there is now before this City Council the form of the Agreement; and WHEREAS, the City proposes to participate in the Programs and desires that certain projects to be located within the City, including a proposed 39 unit multifamily rental housing project for a limited partnership to be established by Resources for Community Development, a California non - profit corporation, or an affiliate thereof, located at 401 Wilver "Willie" Stargell Avenue, Alameda, California, be financed pursuant to the Programs, and it is in the public interest and for the public benefit that the City do so; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document. NOW, THEREFORE, be it resolved by the City Council of the City of Alameda as follows: Section 1. The Agreement is hereby approved and the City Manager is hereby authorized and directed to execute said document, with such changes, 9 insertions and omissions as may be approved by the City Manager, and the City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said document and to attest thereto. Section 2. The City Manager, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 3. The City Clerk of the City shall forward a certified copy of this Resolution and an originally executed Agreement to: Resolution #5 -A (1) 10-16-07 Harriet M. Welch, Esq. Squire, Sanders & Dempsey LLP. 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 -2300 Section 4. This resolution shall take effect immediately upon its passage. 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 Approved as to Form CITY OF ALAMEDA RESOLUTION NO. APPROVING THE ISSUANCE OF TAX - EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR A LIMITED PARTNERSHIP TO BE ESTABLISHED BY RESOURCES FOR COMMUNITY DEVELOPMENT OR AN AFFILIATE THEREOF, WITH RESPECT TO A MULTIFAMILY APARTMENT PROJECT WHEREAS, a limited partnership to be established by Resources for Community Development, or an affiliate thereof (the "Borrower "), intends to acquire and construct an approximately 39 -unit multifamily rental housing development located at 401 Stargell Avenue Alameda, California, and has requested the California Municipal Finance Authority (the "Authority ") to issue tax - exempt bonds (the "Bonds ") in the not -to- exceed amount of $13,000,000, the proceeds of which shall be used for the purpose of financing the acquisition and construction of the Project; and WHEREAS, Section 147(0 of the Internal Revenue Code of 1986 (the "Code ") requires that the "applicable elected representative" with respect to the Project to approve the issuance of the Bonds with respect to the Project after a public hearing has been held concerning the issuance and delivery of the Bonds with respect to the Project; and WHEREAS, the City Council of the City of Alameda (the "City Council ") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(0 of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(0 of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement, dated as of January 1, 2004, (the "Agreement "), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(0 of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds at which all those interested in speaking with respect to the financing of the Project were heard, and now desires to approve the issuance of the Bonds by the Authority, as provided below. NOW, THEREFORE, be it resolved by the City Council of the City of Alameda, as follows: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds with respect to the Project by the Authority. It is the purpose and intent Resolution #5 -A (2) 10 -16 -07 of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority only for the purposes of (i) Section 147(0 of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project will be located, in accordance with said Section 147(0, and (b) Section 4 of the Agreement. Section 3. The issuance and delivery of the Bonds shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority. Section 4. The any, payment of the principal, prepayment premium, if an . Y and purchase price of and interest on the Bonds shall be solely the Y responsibility of Borrower. The Bonds shall not constitute a debt or obligation of the City. Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 6. This Resolution shall take effect from and after the date of its passage and adoption. 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 Peter Y. Horikoshi Ronald Silva CURRENT APPLICATIONS CIVIL SERVICES BOARD ONE VACANCY (FULL TERM EXPIRING JUNE 30, 2011) Council Communication #7 -A 10-16-07 CURRENT APPLICATIONS GOLF COMMISSION ONE VACANCY (FULL TERM EXPIRING SEPTEMBER 30, 2011) Stephen W. Kling Paul D. Mountain William A. Wagner