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2008-04-01 Packet~`~~ ~ ~~ ~L .~~, rt~ p r1Ah 7T.44h~ ~~ a~~ CITY OF ALAMEDA • CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three ~3} minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. AGENDA - - - - - -- - - - - - REGULAR MEETING OF THE CITY COUNCIL TUESDAY--------APRIL I, 20Q8-~----7:30P.M. [Note: Regular Council Meeting convenes at 7:30 pm, City Hall, Cot~~~~.~ ~~~er~, 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 4. Consent Calendar 5. Agenda Items G. Oral Communications, Non--Agenda 7. Council Referrals 8. Communications Communications 9. Adjournment Public Participation the Day and Announcements Public Comment} from Council} 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 PLEDGE OF ALLEGIANCE 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3-A. Proclamation declaring March 30 through April 5, 2008 as Boys and Girls Club Meek. 3-B. Presentation by the School Board President on overview of Alameda Unified School District budget issues. 3-C. Presentation by the Secretary of the California Department of Food and Agriculture and the Director of the Light Brown Apple Moth Program on the Apple Moth. 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public 4-A. Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting of March 5, 2008; the Special City Council Meeting held on March 10, 2008; the Special Joint City Council and Public Utilities Board; Special Joint City Council and Community Improvement Commission; and Regular City Council Meetings held on March 18, 2008. City Clerk} 4-B. Bills for ratification. Finance} 4-C. Introduction of Ordinance Amending the Alameda Municipal Code by Adding Section 3-53 Claims} to Division VIII Refunds and Corrections? to Chapter III Finance and Taxation} to Establish Uniform Requirements and Procedures Applicable to the Presentation and Processing of Claims for Money or Damages with the City of Alameda That Are Not Currently Covered by State Law or Other Provisions of the Alameda Municipal Code. City Attorney} 4-D. Final Passage of Ordinance Amending the Alameda Municipal Code by Repealing Section 5-30 Filming Activities? in Its Entirety, and Replacing It with A Successor Section to Article II Permits} of Chapter V Licenses and Permits} Making Changes to the Procedures, Regulations and Related Fee Provisions for Filming Activities Within the City of Alameda. Alameda. Development Services? 4-E. Final Passage of Ordinance Amending ~Tarious Sections of the Alameda Municipal Code Contained in Article I, Zoning Districts and Regulations}, Chapter XXX, Development Regulations}, Pertaining to Retail and Commercial Uses. Planning and Building? 5. REGULAR AGENDA ITEMS 5-A. Adoption of Resolution Appointing Cecilia Cervantes and Andrea M. Leal as Members of the Public Art Commission. 5-B. Recommendation to discuss and finalize the City Council's priorities for Fiscal Year 2007-2008. City Manager? 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 REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 8. COUNCIL COMMUNICATIONS Communications from Council} Councilmembers can address any matter, including reporting on any Conferences or meetings attended 8-A. Consideration of Mayor's nominations for appointment to the Recreation and Park Commission. 9. ADJOURNMENT - City Council **~ • For use in preparing the Official Record, speakers reading a written statement are invited to submit a copy to the City Clerk at the meeting or e-mail to: lweisige@ci.alameda.ca.us • Sign language interpreters will be available on request. Please contact the City Clerk at 747-4800 or TDD number 522-7538 at least 72 hours prior to the Meeting to request an interpreter. • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747-4800 or TDD number 522-7538 either prior to, or at, the Council Meeting. • Accessible seating for persons with disabilities, including those using wheelchairs, is available. • Minutes of the meeting available in enlarged print. • Audio Tapes of the meeting are available upon request. • Please contact the City Clerk at 747-4800 or TDD number 522-7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. Proclamation tiV~~R~~4$, the oun eo le of Alameda, Calif ornia, are tomorrow's leaders; and Y gP P 1~I1#~~R~~[$, man such oun eo le need rofessional outh services to hel Y Y gP p p Y p them cope with a wide range of social and financial hardships; and u1~~R~~l$, the Bo s & Girls Club or anization in Alameda rovides services at Y g p this Mme to more than 200 young people annually; and tiV~f ~R~~l$, the Bo s & Girls Clubs are at the f oref rout of efforts in character ~ Y leadership development; education ~ career development; health & life skills; the arts; sports, fitness, & recreation; substance abuse prevention; delinquency prevention & literacy programs; and tiV~~R~~l$, the Bo s & Girls Club or anizations in our state hel ensure that our Y g p young people stay off the streets, offering them a safe and supportive place to go and providing them with quality programs; and LV~f ~R~~4S, the Boys & Girls Clubs of Alameda will celebrate National Boys & Girls Club Week 2008 along with some 3,700 clubs, serving over 4.5 million kids nationwide. 1VOW, T~f ~R~~OR~, ~~ IT R~SOLVf1~, that I, Beverly j. Johnson, Mayor of the City of Alameda, do hereby proclaim March 30 through April 5, 2008, as 8oys~F,r Giv~Ls-ClulrWeek. in the City of Alameda and call on the residents of Alameda to join me in recognizing and commending the Boys & Girls Club organizations in our state for providing comprehensive, of f ectrve services to the young people in our communities. ~~ everly j. j City Counci~ May Agenda Item #3-A 0401-08 UNAPPROVED MINUTES OF THE SPECIAL JOINT OF THE CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY ~ARRA}, AND COMMUNITY IMPROVEMENT COMMISSION CIC} MEETING WEDNESDAY - - - MARCH 5, 2008 - - - 7:01 P.M. Mayor/Chair Johnson convened the Special Joint Meeting at 7:14 p.m. Roll Call - Present: Councilmembers/Board Members/ Commissioners deHaan, Gilmore, Matarrese, Tam, and Mayor/Chair Johnson - 5. Absent: None. AGENDA ITEM X08 CC/08~- CIC} Recommendation to approve the First Amendment to the Alameda Point Exclusive Negotiation Agreement between the City Council, ARRA, CIC and SSC Alameda Point, LLC to extend the timeline for several mandatory milestones and create a new Developer Consultant Costs account. The Base Reuse and Community Development Manager gave a brief presentation. Bill Smith, Alameda, discussed the economy. Diane Lichtenstein, Housing Opportunities Makes Economic Sense HOMES, stated that HOMES supports the staff recommendation. Councilmember/Board Member/Commissioner deHaan stated that the economy has changed; there were concerns regarding the Navy asking for $108 million for the property; reviewed housing costs and subsidies; stated the housing market is declining by approximately 200; inquired whether the project is feasible at this period of time. Pat Keliher, SunCal, responded that he cannot predict the market; stated Alameda Point is a special place and is an incredible piece of land; nothing will be accomplished by hyper-focusing on what is going on today; some SunCal projects are not doing very well; all developers are having trouble in certain market segments; SunCal companies are financed individually; SunCal is still spending a lot of money on the Oak Knoll project, which is in the inner Bay Area and does not have the market risk found in Bakersfield or Modesto; money is still flowing for certain projects. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community improvement Commission March 5, 2D08 Councilmember/Board Member/Commissioner deHaan stated that adaptive reuse concerns were discussed; sequencing is important; he does not want to get caught up in homes being the main element. Mr. Keliher stated housing is only one element of Alameda Point. Councilmember/Board Member/Commissioner Matarrese stated that he is relieved to have a signed document; he hopes that the City is notified if any hiccups or disasters occur and does not find out through newspapers; the next six months are going to be intense; it is important to know early if there is no chance of attaining the project; the public needs to know what is going on in the next six months; the six-month extension is justified given the newly found technical information. Councilmember/Board Member/Commissioner Matarrese moved approval of the staff recommendation. Vice Mayor/Board Member/Commissioner Tam stated that deliverables are due very soon upon execution of the amendment; inquired whether the historic preservation and adaptive reuse technical analyses and market studies would have to be constantly revised; stated the market is changing and it is hard to capture a scenario in any one setting in order to develop a Performa in terms of negotiations with the Navy. Mr. Keliher responded all documents are dynamic and fluid; stated status reports would be provided; he does not think that the City would want to spend $25,000 every fifteen days on a market study. Vice Mayor/Board Member/Commissioner Tam stated that SunCal has done a good job in keeping the City informed; more opportunities will be available to discuss the matter in the next six months. Councilmember/Board Member/Commissioner Gilmore seconded the motion, which carried by unanimous voice vote - 5. ADJQURNMENT There being no further business, Mayor/Chair Johnson adjourned the Special Joint Meeting at 7:36 p.m. Respectfully submitted, Special Joint Meeting AJ.ameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission March 5, 2008 Lora 'Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special. Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission March 5, 2008 UNAPPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING MONDAY- -MARCH 10, 2008- -6:00 P.M. Mayor Johnson convened the Special Meeting at 6:15 p.m. Roll Call -- Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Note: Councilmember Matarrese was present via teleconference from Novotel Hotel, ~Tia Mecenate 121-20138 Milano. Absent: None. The Special Meeting was adjourned to Closed Session to consider: X08- } Conference with Labor Negotiators: Agency Negotiators: Craig Jory and Human Resources Director; Employee Organizations: All Public Safety Bargaining Units. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that direction was given to Labor Netotiators on Fire and Police eighteen-month package presented by staff . Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 8:35 p.m. Respectfully submitted, Lora Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council Marck~ 10, 20~$ UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND PUBLIC UTILITIES BOARD MEETING TUESDAY- -MARCH 18, 2008- -6:00 P.M. Mayor Johnson convened the Special Joint Meeting at 6:05 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson; Board Members - Hamm, Holmes, Kurita, McCahan, and McCormick - 10. Note: Board Member McCahan was present via teleconference from 78- 6800 Alii Drive # 3 Kailua Kona, Hi 96740 Absent: None. The Special Joint Meeting was adjourned to Closed Session to consider: X08- 7 Conference with Real Property Negotiators; Property: 1041 W. Midway and various easements in Alameda, California; Negotiating parties: City of Alameda and Alameda Power and Telecom; Under negotiation: Price and terms. Following the Closed Session, the Special Joint Meeting was reconvened and Mayor Johnson announced that Council and the Public Utilities Board received a briefing from Real Property Negotiators; no action was taken. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 6:55 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Pub11C Utilities Board March 18, 2D08 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- --MARCH 18, 2008- -6:01 P.M. Mayor/Chair Johnson convened the Special Meeting at 6:55 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: SOS- ~ Conference with Legal Counsel -- Anticipated Litigation; Significant exposure to litigation pursuant to subdivision ~b7 of Section 54956.9; Number of cases: One. Following the Closed Session, the Special Meeting was reconvened and Mayor/Chair Johnson announced that Council/Commission received a briefing from Legal Counsel on a matter of potential litigation; no action was taken. Adjournment There being no further business, Mayor/Chair Johnson adjourned the Special Meeting at 7:40 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 and Community Improvement Commission March 18, 2DQ8 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - -- - - - MARCH 1S, 200$ - - - - 7:30 P.M. Mayor Johnson convened the Regular City Council Meeting at 8:03 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 None. CONSENT CALENDAR Mayar Johnson announced that the Minutes [paragraph no. 08- ]; recommendation to address rent increases and maintenance concerns [paragraph no. 08- ]; Resolution Approving Amendment to the Memorandum of Understanding [paragraph no. 08- ]; Resolution Authorizing the Execution by the General Manager [paragraph no. 08- ]; Introduction of Ordinance Amending the Alameda Municipal Code [paragraph no. 08- ] were removed from the consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent calendar. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] X08- } Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting held on February 6, 2008; and the Special and Regular City Council Meetings held on March 4, 2005. Approved. Vice Mayor Tam stated that the word "defeated" on Page 12 of the Regular City Council Meeting minutes should be changed to "replaced". Vice Mayor Tam moved approval of the minutes with noted change. Regular Meeting 1 Alameda City Council March 18, 2008 Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (*08- } Ratified bills in the amount of $3,004,609.80. (*OS- } Recommendation to accept the work of SpenCon Construction, Inc. for the first amendment to Agreement for the Fiscal Year 2005-2006 repair of Portland cement concrete sidewalk, curb, gutter, driveway, and minor street patching, Phase 7, P.W. 03-06-06. Accepted. (*08- } Recommendation to approve the Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2007-2008, allocate $61,000 in Congestion Management Agency Transportation Improvement Plan Funds, and authorize the City Manager to execute all necessary documents. Accepted. (08- } Recommendation to address rent increases and maintenance concerns at 101, 123, and 127 Crolls Garden Court. Vice Mayor Tam inquired what is the status of the code violations. The Planning and Building Director responded outstanding items include defective rain gutters, several hairline cracks on two interior windows, and interior dry rock under the rug of one unit; fire code issues include patching sheetrock in the water heater closets; removing storage under the stairways; cleaning lint from dryer vents; and providing proof of five-year service on private fire hydrants. Vice Mayor Tam inquired whether there has been any success in getting the property owner to the mediation table with the tenants. The Housing Development Manager responded the Rent Review Advisory Committee ~RRAC} met on December 3, 2007 and in January 200$ to review the matter; stated the owner did not attend either meeting and has not responded to the RRAC's recommendations. Vice Mayor Tam inquired whether the property owner was here tonight, to which the Housing Development Manager responded in the negative. Mandy Olson, Alameda, stated that the mold in her apartment was never properly cleaned; the soft boards in public walkways have not been fixed; rain gutters are falling apart. Winter Ladue, Alameda, stated her heater and stove were replaced Regular Meeting 2 Alameda City Council March 18, 2QQ8 after the compliance date; interior repairs have not been made; her unit has dry rot on the outside. Keith Ladue, Alameda, stated that he is concerned with security issues; a homeless person is living outside his gate; the fence is in disrepair. Leif Olson, Alameda, submitted pictures? stated that the December 5 rent increase is not justified; the Code Enforcement officer noted more than a dozen severe code violations; a 7o increase is twice the annual rate of inflation and is excessive; no improvements have been made in the last three years; broken windows and gutters, and Unit 127 entryway are particular areas of concern. Councilmember Gilmore stated mold is a health and safety violation and is very difficult to eradicate; inquired whether the issue has been corrected. The Planning and Building Director responded the County addresses mold issues. Councilmember Gilmore inquired whether mold issues are addressed on a complaint driven basis and whether the tenant or City can notify the County. The Planning and Building Director responded that she did not know the County's process. Mayor Johnson inquired whether people have difficulty getting inspections, to which the Planning and Building Director responded in the negative. Mayor Johnson inquired whether additional ordinances are necessary to deal with the issue. The Planning and Building Director responded the City has a Property Standards ordinance which addresses property upkeep. Councilmember deHaan stated the pictures show issues that are not listed in the staff report; inquired whether staff is aware of the issues. The Planning and Building Director responded that she has not seen the pictures; stated the Code Enforcement office will follow up on the matter. Councilmember deHaan inquired whether other properties are having the same problems. Regular Meeting 3 Alameda City Council March 18, 2DD8 The Planning and Building Director responded there are approximately 800 Code Enforcement cases. Councilmember deHaan inquired whether other properties are having problems with rent increases, to which the Planning and Building Director responded that she is not aware of any. Councilmember deHaan stated the complex has 17 units; inquired whether other units were inspected. The Planning and Building Director responded units were inspected if there was a complaint. Councilmember Matarrese stated descriptions are reminiscent of the Harbor Island Apartments' situation; the property owner is collecting rent and not maintaining the property; he concurs with the RRAC recommendations; after hours park use demands more attention than the Planning and Building Department; the Nuisance Ordinance needs to be invoked; inquired whether the Nuisance Ordinance has fines that could total thousands of dollars. The City Attorney responded fines can be imposed each day that a nuisance continues. Mayor Johnson inquired whether separate standards can be adopted for maintenance of rental properties. The City Attorney responded the issue can be reviewed if there are rational distinctions between rental properties and owner-occupied properties; a reason would be needed. Councilmember Gilmore stated the issue should be pursued aggressively; ignoring the City should not be tolerated. Councilmember deHaan inquired whether the complex has any vacancies, to which the Planning and Building Director responded in the negative. Councilmember deHaan stated the City would have some control if the complex has Section 8 tenants. Vice Mayor Tam stated that she concurs with Councilmember Gilmore regarding being aggressive with the property owner. Vice Mayor Tam moved approval of authorizing the Mayor to send a letter to the property owner encouraging compliance with the Rent Review Advisory Committee's recommendations and listing fines that Regular Meeting 4 Alameda City Counczl March 18, 20D$ would be imposed for code violations and health and safety issues raised. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated the City did not connect the dots between crime at the Harbor Island Apartments and the condition of the units and treatment of tenants; requested an update in a month regarding Section S voucher management and public safety issues. Vice Mayor Tam concurred with Councilmember Matarrese regarding reporting back to Council. on the call for the question, the motion carried by unanimous voice vote - 5. (Q8- } Resolution No. 14157, "Approving Amendment to the Memorandum of Understanding Between the International Brotherhood of Electrical Workers and the City of Alameda for the Period Ending December 31, 258, to Establish Rubber Glove Educational Incentive Pay." Adopted. The Human Resources Director gave a brief presentation. Councilmember deHaan stated that approving the incentive pay is the right thing to do; he wants the public to understand the reasoning for the incentive pay. The Human Resources Director stated the City has had a hard time attracting Journey Lineworkers. Councilmember deHaan moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (08- ] Resolution No. 14185, "Authorizing the Execution by the General Manager of Alameda Power & Telecom of the First Amendment to the Power Purchase Agreement with Ameresco Keller Canyon, LLC for Price Increase of Delivered Power from Landfill Gas Generation." Adopted. The AP&T General Manager gave a brief presentation. Mayor Johnson requested that the General Manager provide an explanation of landfill gas generation. Regulax Meeting 5 Alameda City Council March 18, 2008 The AP&T General Manager stated that landfill gas generation is a method in which gas that is generated from decomposing waste in a landfill is captured through a network of pipes and is gathered and burned within an engine; electricity is generated; the City has four contracts for landfill gas. Councilmember Gilmore inquired whether Ameresco would look to Alameda and Palo Alto if unexpected cost overruns occur. The Utility Planning Supervisor responded the Contract has provisions; stated that he does not think a price increase would be allowed; the 6o satisfies the City and provides for a project that is under the projected wholesale market price; the developer would make a profit. Councilmember Gilmore inquired whether the Contractor only has the option to decide whether or not the deal is a go based upon their financial projections as opposed to the City's financial projections. The Utility Planning Supervisor responded that the City could back out of the Contract if the price is too high. Councilmember Gilmore inquired whether staff is satisfied with the Contractor's due diligence; further inquired whether the Contractor performed due diligence before the City entered into the Contract or afterwards. The Utility Planning Supervisor responded some work and evaluation was done prior to entering into the Contract; stated the Contractor found out more after digging deeper; permitting and interconnecting issues were out of the Contractor's control; the Bay Area Air Quality Board required the additional engines. Councilmember Gilmore stated that she does not want to be paying for an increase because the Contractor failed to do due diligence. The Utility Planning Supervisor stated the Contractor performed a good study; the City has worked with the Contractor three times; the Contractor is in the middle of a much larger project in Half Moon Bay; the Contractor completed the Santa Cruz project without any problem. Councilmember deHaan inquired how many landfill gas projects the City has. The Utility Planning Supervisor responded the City has four active Contracts; stated two generators are running and two generators are Regular Meeting Alameda City Council March ~.8, 208 under construction. Councilmember deHaan inquired what percentage of the City's portfolio is gas, to which the General Manager responded between 40 and 5 0 . Councilmember deHaan inquired whether the four Contracts are successful. The Utility Planning Supervisor responded in the affirmative; stated prices are more than competitive; Contracts were entered into at a time when the wholesale market was low. Councilmember deHaan inquired whether the City is looking at other landfill gas projects . The Utility Planning Supervisor responded Half Moon Bay is under construction; the City will be partners with Palo Alto again. Councilmember deHaan moved adoption of the resolution. Mayor Johnson inquired whether Palo Alto approved the increase, to which the General Manager responded in the affirmative. Mayor Johnson stated that Alameda and Palo Alto are on the forefront of innovative power production. The General Manager stated that the Environmental Protection Agency awarded Alameda and Palo Alto with the Landfill Methane Outreach Program award. Vice Mayor Tam stated that she appreciates the questions raised by Councilmember Gilmore; the increase is significant and includes some escalators. The General Manager stated the City is still under market price; the cost would be spread over twenty years. Cuoncilmember deHaan inquired whether the four landfills are active. The General Manager responded Half Moon Bay and Santa Cruz are active; Richmond is not. Councilmember deHaan inquired whether the City has options to continue to draw gas from the landfills. The General Manager responded in the affirmative; stated the Regular Meeting 7 Al amcda City Count a. J. March 18, 2008 Contract is a take-and-pay Contract; the City has renewal rights. Councilmember deHaan stated that methane gas is worse than carbon dioxide when the gas leaks into the air. On the call for the question, by consensus, the motion carried by unanimous voice vote - 5. (OS- } Introduction of ordinance Amending the Alameda Municipal Code by Repealing Section 5-30 Filming Activities} in Its Entirety, and Replacing It with A Successor Section to Article II Permits} of Chapter V Licenses and Permits} Making Changes to the Procedures, Regulations and Related Fee Provisions for Filming Activities Within the City of Alameda. Introduced. Dave Ruffin, Film Commission Chair, stated the recommended changes would help the permitting process. Councilmember Matarrese moved introduction of the ordinance. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. REGULAR AGENDA ITEMS SOS- } Public Hearing to consider Resolution No. 14189, "Adopting General Plan Amendment, PLN07-0077, Amending Section Z.5 Retail Business and Services of the Land Use Element of the City of Alameda General Plan." Adopted. The Planning Services Manager gave a brief presentation. Mayor Johnson opened the public portion of the hearing. Proponent ~In favor of resolution}: Patricia Curtin, Harsh Development. Neutral: Bill Smith, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Councilmember deHaan stated that Alameda Towne Center and Alameda Landing concerns are reflected in the staff report; inquired how sales leakage would be controlled through zoning and the Municipal Code. The Planning Services Manager responded Policy 2.5.k states "pursue Regular Meeting 8 Alameda City Council March 18, 2008 and encourage new retail development that is consistent with the retail policies of the General Plan and Economic Development Strategic Plan; primarily serves the community or addresses a high priority local retail or service need; and will not have a significant long-term deleterious effect on existing retail areas and/or the local economy"; stated staff wants to provide an articulated policy that supports and supplements existing retail areas but daes not compete. Councilmember deHaan stated sales leakage has not changed; sales leakage becomes all important. The Planning Services Manager stated that staff did not lose sight of sales leakage being the driving force. Councilmember deHaan stated Policy 2.5.b addresses revitalization of Alameda's historic Main Street business districts on Park Street and Webster Street while maintaining small-city scale and character; inquired why the policy is silent on new shopping centers. The Planning Services Manager responded said policy is designed to just deal with Park Street and Webster Street; stated Alameda Towne Center is addressed in Policy 2.5.f. Councilmember deHaan stated Policy 2.5.n Ito maintain the historic urban form and character of Park Street and Webster Street business districts, limit building heights on Park Street and Webster Street to three stories above grade, measuring 35 to 40 feet, depending on roof configuration. Parking structures are to be limited by height only, regardless of the number of parking levels] is silent on shopping centers; inquired whether the policy should address height for shopping center buildings. The Planning Services Manager responded Policy 2.5.t contains eleven design criteria. Councilmember deHaan inquired why said policy does not include size and scale. The Planning Services Manager responded historic urban form is the guide on the issue of design, height, and physical form on Park Street and Webster Street; stated Alameda Towne Center, Bridgeside, and Alameda Landing were developed under Planned Development zoning which allows for the establishment of setbacks and height standards for the project; heights might vary from one shopping center to another; shopping centers are designed as complexes; height is addressed when projects are reviewed. Regular Meeting g Alameda City Council March 38, 2008 Councilmember deHaan stated that the Planning Board struggled with the issue; Alameda Landing has a different set of rules. The Planning Services Manager stated that the Planning Board is willing to address building height on an individual project basis. Mayor Johnson inquired what was the Planning Board vote on the matter, to which the Planning Services Manager responded unanimous. Councilmember deHaan inquired whether shopping center height limits were discussed, to which The Planning Services Manager responded in the negative. Mayor Johnson stated the Planning Board's approach is good; having the same building height for each shopping center does not make sense. Councilmember Matarrese inquired whether there was discussion regarding neighborhood retail centers; stated the previous policy aimed at reducing and containing said centers because retail in the middle of a residential area causes clashes; he hopes to get some language added regarding preserving the scale of neighborhood centers. Vice Mayor Tam inquired whether the issue is addressed in Policy 2.5.0. Councilmember Matarrese stated that Policy ~.5.o addreses the size of stores. The Planning Services Manager stated a policy could be added. Councilmember Matarrese stated that Policy 2.5.o should be modified to not only limit the size of a store but limit the size of the district. The Planning Services Manager stated the policy could require maintenance of the current neighborhood business district size. Mayor Johnson stated that the same policy should apply to conversion of residential units as a whole. Councilmember Gilmore commended staff and the Planning Board for all the hard work; stated Council has the strike-out and underline provisions for comparison; the General Plan is a living document; periodic updates are important; having a document that reflects that there was community consensus on a particular matter is Regular Meeting 1 0 Alameda City Council March 7.8, 2008 important. Mayor Johnson stated that Councilmember Gilmore makes a good point; certain General Plan elements are updated on a periodic basis, others are not. The Planning Services Manager stated the Transportation Element update will be the next major element update. Councilmember Gilmore moved adoption of the resolution. Councilmember deHaan inquired whet: off-street parking spaces for each space is a zoning requirement; differently in the last couple of whether any leeway has been given required spaces. her the requirement to have five 1, ~oQ square feet of new retail stated things have been done developments; further inquired to dropping down the number of The Planning Services Manager responded the in--lieu fee process has been used; stated staff is working on parking ordinance revisions; more innovated parking approaches will be considered in the Alameda Landing Master Plan. Councilmember deHaan inquired whether the parking exception process has been used, to which the Planning Services Manager responded in the affirmative. Councilmember deHaan inquired whether staff is comfortable with using said process. The Planning Services Manager responded the process was designed to be an interim approach until new requirements are in place. Councilmember Matarrese seconded the motion with direction to include additional language for maintaining commercial retail uses within residential neighborhoods. on the call for the question, the motion carried by unanimous voice vote - 5. SOS- } Public Hearing to consider Introduction of Ordinance Amending Various Sections of the Alameda Municipal Code Contained in Article I, Zoning Districts and Regulations}, Chapter ~xx, Development Regulations}, Pertaining to Retail and Commercial Uses. Introduced. The Supervising Planner provided a brief presentation. Regular Meeting 1 1 Alameda City Council March 18, 2008 Mayor Johnson inquired whether the Planning Board reviewed the proposed Ordinance and unanimously supports the staff recommendation, to which the Supervising Planner responded in the affirmative. Vice Mayor Tam stated that the staff report makes reference to T.J. Maxx and Bed Bath and Beyond as being typical large format-type stores with 30,000 square feet; 30,004 square feet triggers the need for a Conditional Use Permit; inquired whether there was any discussion regarding the type of use within a retail site during the Planning Board or Economic Development Commission deliberations; stated the United Food Workers have brought up concerns regarding having a grocery store within a large center; 30,000 square feet would not cover a Target, Walmart, or Ikea type development. The Supervising Planner responded the matter did not come up during discussions; stated the Planning Board viewed the matter as a land use question. Councilmember deHaan stated that the July 17, 2007 City Council Meeting reflects that Councilmember Matarrese discussed nan-taxable items sold in a superstore; that he [Councilmember deHaan] discussed wages and health benefits; inquired whether said issues are addressed in the proposed ordinance. The Supervising Planner responded that there was no discussion on the issues. Mayor Johnson opening the public portion of the hearing. Neutral: Bill Smith, Alameda. Proponents ~In favor of Ordinance}: Mike Henneberry, Alameda [in favor with modification]; Patricia Curtin, Harsh Development. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Mayor Johnson thanked Ms. Curtin for participating in the process. Councilmember Matarrese thanked staff and the Planning Board for working on the issue; stated the 30,000 square foot threshold surprised him but he understands the reasoning; inquired whether specific projects would be reviewed by the Planning Board as Planned Developments instead of a Conditional Use Permits. The Supervising Planner responded in the affirmative; stated Regular Meeting 1 Alameda City Council March ~.8, 208 Planned Developments and Conditional Use Permits require the same findings. Councilmember Matarrese stated that he is concerned that the proposed ordinance does not put a cap on the number of square feet; he understands the unintended consequences that a cap would place on the reuse of the Fleet Industrial Supply Center warehouse, Del Monte Building, and Naval Air Station hangers; suggested using the smallest square footage of historic buildings as the threshold for not allowing more than 10o non-taxable items; stated that he would like to have the historic buildings called out because said buildings require special attention. Councilmember Gilmore inquired whether there was any discussion regarding the superstore issue at the Planning Board level. The Supervising Planner responded the Del Monte Building is 250,000 square feet; redevelopment plans include a grocery store; typically, grocery stores are between 30,000 and 50,000 square feet; additional requirements were put into the findings which would require reviewing how a project would affect the economic vitality of existing businesses; the City would have the discretion to say whether a project is right for Alameda or not; superstores were addressed in a more general manner. Councilmember Gilmore inquired whether Council could approve the Planned Development Amendment and give direction for the Planning Board to review the superstore issue and call out the large historical buildings; stated that she has an interest in the matter but does not want to hold up the process. The City Attorney responded in the affirmative; stated alternatively, additional language could be added to the second reading of the ordinance. Councilmember Gilmore stated that the Planning Board has been involved and connected with the matter; she does not want Council or staff to craft language without input and discussion from the Planning Board; the matter could be agendized for a Planning Board meeting in order to have more public discussion. Councilmember Matarrese stated that he concurs with Councilmember Gilmore regarding historic buildings; Council gave direction on a grocery component in a massive store; language was provided to staff and the Planning Board. Councilmember deHaan stated that sales leakage should be discussed; entitlements have been made in various areas; studies have shown Regul~.r Meeting 13 Alameda Ci~.y Council March 1$, ZOfl$ that Alameda does not need more than one more grocery store even with full build-out; a lot of data is available; balancing leakage is important. The Planning Services Manager stated a Conditional Use Permit would be required for anything over 30,000 square feet; suggested layering Livermore's provision on top of said requirement; inquired whether there would be an exception for historic buildings. Councilmember Matarrese responded historic buildings could have a large retailer; stated anything bigger than 90,000 square feet would not be allowed to have more than 10a non-taxable items. The Planning Services Manager stated the Del Monte Building would be limited to approximately 12,000 square feet of non-taxable retail under the proposal. Councilmember Gilmore stated the issue runs up against the desire to preserve historic buildings. Mayor Johnson stated the proposal is directed at a large retailer that has 100 of non-taxable within the one retail establishment The Planning Services Manager stated he thinks that would prevent the Del Monte project from moving forward. Councilmember Gilmore stated that she is bothered by the fact that language could be crafted which might have unintended consequences for historic buildings; the matter should be sent back to the Planning Board along with an explanation of Council's concept. Councilmember Matarrese moved introduction of the ordinance with direction to have the Planning Board review superstore language along with consideration for large historic buildings, including, but not be limited to, the Alameda Landing warehouses, Alameda Point hangers, and the Del Monte Building; stated that he is dismayed that the matter was not addressed. Councilmember deHaan requested that the City Attorney review wages and health benefit issues for retailers who have over one hundred employees. Mayor Johnson stated said issue is not a Planning issue. on the call for the question, by consensus, the motion carried by unanimous voice vote - 5. Regu~.ar Meeting 14 A].ame~~ City Cou:lcil March 18, 2Q08 Councilmember Gilmore stated that everyone talks about Alameda not having enough shopping; the staff report states "Bringing additional retail opportunities to Alameda would be expected to result in shorter vehicle trips. Traffic levels on regional roadways and total vehicle emissions would be expected to decline due to the shorter trips required to shop locally; however, there may be an increase in local traffic, particularly on streets near major retail centers in Alameda"; stated that people need to realize that more retail will result in more local traffic. (OS~- ~ Public Hearing to consider Adoption of Resolution Approving Master Plan Amendment, PLN07--0122, to Allow the Marina Village Shopping Center to Permit up to 25a Office Use ~A Maximum of 31,070 Square Feet} and to Allow the Future Addition of a 5,000 Square Foot Building Pad, an 800 Square Foot Kiosk, and a 500 Square Foot Kiosk. The Planning Services Manager gave a brief presentation. Councilmember Matarrese stated that he would recuse himself because he lives within 300 feet of the project. Councilmember Gilmore stated that the Planning Board requested that the current amount of landscaping be preserved; inquired whether "current" means the current configuration or whether the current amount of landscaping could be reconfigured somewhere else on the site. The Planning Services Manager responded the landscaping could be reconfigured. Mayor Johnson inquired whether there would be an opportunity to add landscaping to the parking lot. The Planning Services Manager responded absolutely; noted that the applicant concurs. Councilmember deHaan inquired whether the 6,300 square foot area is grass area. The Planning Services Manager responded in the negative; stated the area looks like a building pad. Councilmember Gilmore stated that the area is a perfect spot for off ice space . Mayor Johnson stated the proposed amendment is to allow increased office space; the location can shift over time. Regular Meeting 1 5 Alameda City Council March 18, 2008 Councilmember deHaan inquired what is the occupancy rate at the shopping center. The Applicant responded the vacancy rate is approximately 30; stated small office use is in demand. Mayor Johnson stated that having office space at the shopping center would relieve the pressure of expanding business and office space into residential areas; the proposal makes sense. Councilmember deHaan stated that he concurs with Mayor Johnson; inquired whether there has been any discussion regarding additional landscaping. The Applicant responded landscaping could be put around the future pad. Councilmember deHaan stated substantial trees are important in large parking areas. The Applicant stated that he understands the importance of trees. Councilmember deHaan moved adoption of the resolution. Councilmember Gilmore inquired whether Council is approving [both 25 0 office use and additional square footage] . Counci lmember deHaan responded both; stated one [ 2 5 0 office use ] corrects the existing situation. Bill Smith, Alameda, discussed traffic. Councilmeml~er deHaan amended the motion to include the caveat of having the Planning Board review the landscaping. Vice Mayor Tam stated approximately 170 of the space is leased for office space; the Applicant is requesting 250 office space in addition to increasing the square footage by 6,300 square feet; increasing the square footage by 6,300 square feet would make the total 130, 000 square feet; 25 ~ of 130, 000 square feet is 32, 00 square feet. The Planning Services Manager stated the total build out would be 130, 729 square feet; no more than 25 ~, or 31, 070 square feet, of the shopping center would be devoted to office space. Vice Mayor Tam inquired whether the 25o allowable office space is Regular Meeting 16 Alameda City Council March l8, 2008 before 6, 300 square feet is added or if 25 0 of the entire space would be allowed for office use. The Planning Services Manager responded 25a of the current built space could be office; when the additional 6,300 square feet is complete, 25Q of everything that is built could be office. Mayor Johnson inquired whether said proposal works with the Applicant's plans, to which the Applicant responded in the affirmative. The Planning Services Manager stated the resolution will be corrected to state it is no more than 25~ of the existing space. Mayor Johnson stated that she does not have a problem with stating 250 of the total entitled amount. The City Manager inquired whether the 31,070 square feet would be taken out of the resolution. Mayor Johnson responded in the affirmative; stated the resolution should state 250 of the total entitled amount. Councilmember Gilmore seconded the motion with the following caveats: 17 the current amount of landscaping be preserved or preferably be increased, 2} no drive--through uses be permitted, and 3} language be clarified to remove square footage and indicate no more than 250 of entitled space be used for office space. Councilmember deHaan concurred with caveats added by Councilmember Gilmore. On the call for the question, the motion carried by the following voice vote - Ayes: Councilmembers deHaan, Gilmore, Tam and Mayor Johnson - 4. Abstention: Councilmember Matarrese - 1. ORAL CONIl~UNICATIoNS, NoN-AGENDA X08- } Bill Smith, Alameda, discussed alternative fuels. COUNCIL REFERRALS None. COUNCIL CQN~IUNICATIONS X08- } Consideration of Mayor's nominations for appointment to the Public Art Commission. Regular Meeting 1 7 Alameda City Council March 1$, 200$ Mayor Johnson nominated Cecilia Cervantes and Andrea M. Leal. SOS- } Councilmember deHaan stated that the recession could last four or five years; the budget needs to be put in proper content; a meltdown has started to occur. X08- } Mayor Johnson stated that more focus needs to be placed on long-term economic issues; thought should be given to forming a committee to focus on long-term economic sustainability; the matter could possibly be placed under Council Referrals. Nice Mayor Tam inquired whether the Economic Development Commission could be tasked with the role, to which Mayor Johnson responded possibly. Councilmember Gilmore inquired whether there is consensus to have the matter placed on a City Council agenda. Mayor Johnson responded the matter could be placed on a City Council agenda for discussion. Councilmember deHaan stated that Toyota is in full swing of building a facility on Hegenberger Road; the facility will be in place within six months; Alameda cannot back fill anything quick enough. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:39 p.m. Respectfully submitted, Lora weisiger City Clerk The agenda zor this meeting was posted in accordance with the Brown Act. Regular Meeting 1 8 Alameda City Cou~~ci1 March i8, 2008 March 27, 2048 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 248042-208369 EFT 508 EFT 549 EFT 510 EFT 511 Vaid Checks: GRAND TOTAL Respectfully submitted, ~~ Pamela J. Sibley A $1,258,188.58 $197,DOD.40 $11,244,54 $110,18fi.fi4 $54,914.60 $1,fi31,59D.32 BILLS #4-B Council Warrants 041011D8 ~ 4/112448 CITY 4F ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Teresa Highsmith City Attorney Date: April ~ , 2008 Re: Approval of a Claims Presentation and Processing Ordinance to Establish Uniform Requirements and Procedures Applicable to the Presentation and Processing of Claims for Money or Damages With the City of Alameda That Are Not Currently Covered by State Law or Other Provisions of the Alameda Municipal Code BACKGROUND Pursuant to the California Government Claims Act the "Act"} found. in Government Code Sections 900 et. Seq., the general rule is that any party with a claim for money or damages against a public entity must file a claim directly with the public entity in order to file a lawsuit. The Act also provides time limits for the claimant to file his or her claim and for the public entity to reject or deny the claim. Once a public entity rejects a claim in accordance with the Act's procedures, the claimant must bring his or her lawsuit against the public entity within six months of the written rejection notice. Government Code section 905 lists several exceptions to the generally mandated claim requirements. However, Government Code section 935 provides an overriding mechanism whereby claims that are excepted under section 905 are subject to the claims requirements and procedures that are established by ordinances adopted by local entities, including charter cities. The overriding purpose of these procedures is to give a public entity the opportunity to investigate the facts while evidence is fresh and to settle meritorious claims without the necessity of costly litigation. Additionally, the prompt presentation of claims seeking money and the shortened time frame for claimants to file suit enables the public entity to engage in prudent fiscal planning and where appropriate, to #ake corrective measures. DISCUSSION Claim Presentation and Filing Requirements Application The proposed ordinance would amend by adding Section 353 Claims} to Division VIII Refunds and Corrections} of Chapter III Finance and Taxation} to establish a uniform claims filing procedure for claims for money or damages against the City, except claims City Council Agenda item #4-C ~4-~'I-08 Honorable Mayor and ~ April ~ , 2008 Members of the City Council Page 2 of3 for money or damages where a claims filing procedure already exists under State law or per other provisions in the Alameda Municipal Code. Claims that are currently not addressed by State law or the Alameda Municipal Code that would become subject to the claims presentation requirements of the proposed ordinance would include, for example, claims by another public entity against the City for money or damages. The new claims filing ordinance would not apply to tax refund claims which are governed by the claims filing procedures set forth in Divisions VIII andlor IX depending on the type of tax} of the Alameda Municipal Code. The claim presentation and filing requirements in the proposed ordinance, which are a prerequisite to filing suit against the City, do not eliminate the administrative remedies already in puce in the Alameda Municipal Code for claimants seeking refunds or fee adjustments. Claims Presentation Requirements Consistent with the claims filing requirements of the Act, the claimant will be required to file his or her claim for money or damages with the City Clerk no later than one year after the accrual of the cause of action, and to provide the City with the following information: claimant's name, address and, if different, the claimant's mailing address, the basis on which the claim is made and information, including supporting documentation for the amount claimed. in most instances, claims covered by the proposed ordinance would be subject to a one year filing period. The claim must be verified by the claimant or the claimant's guardian, executor, conservator, attorney-in-fact or administrator. A claim that is filed on behalf of multiple persons must be verified by each claimant or by the claimant's guardian, executor, attorney-in-fact, conservator or administrator. No claim maybe filed on behalf of a class of persons unless verified by every member of that class. Claim Prerequisite to Filing of a Lawsuit As with claims under the Act, the claimant must follow the claim presentation requirements in order to be able to file a lawsuit against the City; and must bring suit against the City within six months of the City's written notice of claim rejection. If the City fails to provide the written rejection notice to the claimant, then the claimant ma . .. y bang the lawsuit within two years of the date on which the claim arose. BUDGET C4NSIDERATIGNIFINANClAL IMPACT There is no direct budgetlfinancial impact to the approval ofthis ordinance. Honorable Mayor and Aril 1 2008 , p , Members of the City Council Pa e 3 of 3 g MUNICIPAL CgDEIP~LICY DOCUMENT CRASS REFERENCE This Municipal Gode change affects Chapter III Finance and Taxation b addin . }Y g Section 3-53 Claims}. Each section has been thoroughly anal zed and found to be . Y compatible with the proposed amendment to the Municipal Code, REC4MMENDATI~N Approval of an amendment to the Alameda Municipal Gode by adding Section 3-53 Claims} to D~vis~on VIII Refunds and Corrections} of Chapter III Finance and . ~ Taxation} to establish uniform requirements and procedures applicable to the presentation and processing of claims for money or damages with the City of Alameda that are not currently covered by State law or other provisions of the Alameda Munici al p Code. The adoption of the proposed ordinance will: ~ . Establish a claims procedure for claims against the City that are not current) , y covered by State law or the Alameda Municipal Code; 2. In the case of a rejected claim, limit the time period for the claimant to file a lawsuit against the City to six months from the date of the City's written re'ecfion notice; 3. Require claimants to file their claims for money or damages within the time periods specified under State law which provides for a claims period not to exceed one year of the date of accrual of their causes of action as a prerequisite for filing a lawsuit against the City. Respectfully submitted, Teresa L. Highsmith G ity Attorney By: 4 Farimah Faiz Assistant City Attorney MHIFFIcmlec CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING ~ SECTION 3-53 CLAIMS} T4 DIVISION VIII REFUNDS AND ~ ~ CORRECTIONS} OF CHAPTER 111 ~FiNANCE AND TAXATION} o a TG ESTABLISH UNIFGRM REQUIREMENTS AND N o PROCEDURES APPLICABLE TG THE PRESENTATION AND ~ a PROCE ~ SSING CF CLAIMS FOR MONEY OR DAMAGES WITH ~ ~ THE CITY OF ALAMEDA THAT o ARE NOT CURRENTLY L COVERED BY STATE LAw OR OTHER PROVISIONS IN THE °~ ~ ALAMEDA MUNICIPAL COD a ~ E BE IT ORDAINED by the Council of the City of Alameda that: Section ~ . The Alameda Municipal Code is amended by adding Section 353 CLAIMS} to Division VIII REFUNDS AND CORRECTIONS} of Chapter III FINANCE AND TAXATION}, which shall read as follows: 3-53 CLAIMS 3.53.E Authority This ordinance is enacted pursuant to Section 935 of the California Government Code. The purpose of the Ordinance is to establish claims procedures for those claims against the City for money or lama es not now 9 governed by state or local laws, including those claims currently exempted under Government Code Section 905. 3-53.2 Time Barred Claims Nothing in this Code section revives or reinstates any claim or cause of action that, on the effective date of this Code section, is barred by failure to comply with any previously applicable statute, ordinance, or regulation requiring the presentation of a claim prior to suit, or by failure to commence any action within the period prescribed by an applicable statute of limitations. 3-53.3 Construction Nothing contained herein is intended to extend any statute of limitations or claims filing period provided under other provisions of the Alameda Municipal Code, State law, or any other applicable law or regulation related to filin a . .. 9 judicial action or other proceeding far recovery of money or damages against the City. References in this Chapter to specific sections of the California Government Code shall refer to those provisions as they now exist or shall hereafter be amended. Introduction of ordinance #4-C CC X4.01-08 3.53.4 Claims Required All claims against the city for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., another state law or applicable Code section thereinafter in this ordinance, "claims"} including the exceptions contained in California Government Code Section 965, shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code commencing with Section 900 thereof} for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this ordinance. 3-53.5 Form of Claim All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor, attorney-in-fact or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this Code section. In addition, all claims shall contain the information required by California Government Code Section 910. In accordance with California Government Code Sections 935~b}, 945.4 and 945.6, all claims shall be presented as provided in this section and acted upon by the city prior to the filing of any action on such claims, and there is a provision that a rejection of a claim is the prerequisite decision, and no such action may be maintained by a person who has not complied with the requirements of Alameda Municipal Code subsection 353.4. 3-53.6 Suit Any action brought against the city upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brough# against any employee of the cit shall conform with Y the requirements of Section 950-951 of the California Government Code. Section 2. Should any provision of this Grdinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 3. This Ordinance shall be in full fore and effect from and after the expiration of thirty X30}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 Council of the City of Alameda in regular meeting assembled on the 1 St day of April, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN VvITNESS,11vHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of April, 2408. Lara Vveisiger, City Clerk City of Alameda CITY OFALAMEDAORDINANCE NO, New Series AMENDING THE ALAMEDA MUNfCIPAL CODE BY REPEALING SECTION 5-30 FILMING ACTIVITIES} IN ITS ENTIRETY, AND REPLACING IT WITH A SUCCESSOR SECTION TO ARTf CLE II PERMITS} GF CHAPTER V LICENSES AND PERMITS} MAKING ~ CHANGES T4 THE PROCEDURES, REGULATIONS AND RELATED o ! ~ FEE PROVISIONS FGR FILMING ACTIVITIES WITHIN THE CITY OF ~` ALAMEDA 0 ~ d ~ ~ ~a ~ .~' WHEREAS, in November of 1991, the Council adopted Ordinance No, o "2570 New Series establishin fees re ' ~ ., g , gulations and procedures governing a filming activities in the City of Alameda; and d . WHEREAS, the City's Public Works Department was initially responsible for coordinating film-related activities; and WHEREAS, the responsibility of managing the program has been transferred to the Planning and Building Department; and UIlHEREAS, the California Film Commission has recommended specific regulations with regard to film permitting be removed from the AMC and set forth in administrative regulations; and WHEREAS, the amendment of those initial provisions appears appropriate subsequent to the aforementioned departmental reorganization and the establishment of the Alameda Fifm Commission by the Council in 2006. BE IT ORDAINED by the Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended b Y repeating Sections 5-30 through 5-30.19, inclusive, Filming Activities} of Article II ~Permits~} of Chapter V Licenses and Permits} in its entirel exce t that Y p underlying fee resolutions adopted pursuant to Section 5-30.10 shall continue unchanged in full force and effect pursuant to successor Section 5-30.10 unless hereinafter modified. Section 2. The Alameda Municipal Code is hereby amended b . Y adding new successor Sections 5-34 through 5-30.19, inclusive, Filmin . ~ g Activities} of Article Il Permits} of Chapter V Licenses and Permits to read as } follows: Final Passage of Drdin once #4-D CC 04-01.08 5-34 FILMING ACTIVITIES 5-34. ~ Purpose. The purpose of this section is to provide rules governing the issuance of permits for filming activities on location within the City. The section is to ensure that still photographers and motion picture, television, and commercial film and digital media companies will be encouraged to use Alameda for filming activities as long as those .activities are consistent with the public safety and the protection of property. 5-34.2 Defini#ions. As used in this section: Alameda Film Commission -1 ~ -member body established by Council ordinance in 2006 with a mandate of promoting film and digital media activity in Alameda. Applicant - the person, organization, corporation, association or other entity applying for a permit for filming activities in the City of Alameda. Fire Ch~ef~- the chief of the Fire Department of the City of Alameda andlor designee. Permit Center-the office in charge of coordinating and issuing permits for the City of Alameda. Polr'ce Chr'ef -~ the chief of Police of the City of Alameda andlor designee. Camrnercial slit! photography includes all activity attendant to staging or shooting still photographs for commercial purposes. Development Services Department (DSD) -- City Department charged with staffing the Alameda Film Commission. Filming activity - the staging, shooting, filming, videotaping, photographing, or other similar process conducted for the making of still photographs, motion pictures, television programs, cammerciai and nontheatrical film productions. Film permit -written authorization from the Permit Center to conduct the filming activity described in the Permit. News purposes -filming activity conducted for newspapers, television news, and other news media for the purpose of reporting on persons, Electronic News Gathering ~ENG}, events, or scenes which are ~n the news. Permi#tee ~ the person, organization, corporation, association or other entity issued a film permit. Plannr'ng and Building Department Director -the Director of the Planning and Building Department for the City of Alameda andlor designee. The Department is charged with coordinating filmlvideo activity and issuing permits for same through the Permit Center. ~ . Public properly -any sidewalk, parking area, park or open space, building or any other property owned, leased or controlled by the City of Alameda. 2 Public Street -any street or road maintained by the City and located within City limits. Public Works Director -the Director of Public Vvorks for the City of Alameda andlor designee Pyrotechnics -special effects involving explosions, fireworks or anything else which produced light, smoke or noise when ignited. Stuafent filrnrng activr'ty -filming activity conducted to fulfill a course requirement by a student enrolled at a public ar private school. Stuafio - a fixed place of business where filming activities are regularly conducted upon the premises. ~-30.3 City Cooperation. The Planning & Building Department Director andlor desi nee shall g coordinate the City's procedures under this section. The Director andlor designee shall work cooperatively and responsively with other City departments with significant roles in filming in Alameda, specifically, those other City departments involved in the processing of film permits such as the Development Services Department ~DSD}, Police, Fire, and Public Uvorks. The DSD Director andlor designee shall work with the Alameda Film Commission to carry out its mandate to promote filming activity in Alameda through marketing activity and working with various City department to ensure an environment that while "film-friendly" still protects the high quality of life enjoyed by Alamedans. 5-30.4 Permit Required, A permit is required by the City far the purpose of filming on City-owned, leased or controlled real property or streets. This permit does not constitute or grant permission to use or occupy property not owned, leased or controlled by the City. An applicant shall obtain the private property owner's permission, consent, andlor lease for use of property not owned or controlled by the City. Student produced filmlvideo activity is not exempt from permit requirements. The permit must be in the possession of the permittee at all times while on location in the City. 5-30.5 Permit Exceptions. No permit is required for the following activities as long as the activit will . y not require the closure of a publ~~c street, sidewalk, or place nor substantially impede vehicular or pedestrian traffic thereon: a. Filming activities conducted for news purposes b. Filming activities conducted at commercial studios, either inside or outside, on private property c. Filming activities conducted for use in a criminal investigation or civil court proceedings d. Noncommercial activities e. Commercial still photography or staging when: i. No aspect of the still photography is conducted on City property, and, 3 ii. No aspect of the still photography will require more than than two ~2} motor vehicles parked on any public street. f. Filming activities conducted by or for the City, 5-34.6 Application Form. The permit application shall be on a form furnished b the Permit .. Y Center. Terms and conditions of the permit will be added as needed to the particular filming activity. Applicants must sign the permit form before undertaking any filming activity authorized by the permit. 5-30,1 Deadline for Film Permit Applications. Applications for film permits must be filed with the Permit Center. Administrative regulations, kept on file within the Center, will set forth maximum time periods for permit issuance date based on the complexit of the ro osed Y pp action in the following categories: a. applications that include stunts, special effects, including pyrotechnics or traffic control in excess of three ~3} minutes b. applications that involve public street closure c. applications that involve neither of the above, , 5-30.8 Permit ApprovallDenial. Film permits shall be approved unless: a. The proposed filming activity would substantially disrupt the use of a public street at a time of traffic congestion, or interfere with the o eration of . p emergency vehECles andlor interfere with street maintenance work or a previously authorized excavation permit, b. The area of proposed filming activity is on Cit ro ert and would Yp p Y substantially interfere with: i. other previously authorized activities, contracts, or the safet of Y the public or employees while on City property andlor, ii. municipal functions or the scheduled maintenance of Cit .. Y buildings orgrounds. c. The proposed filming activity creates a substantial risk of in~u to Jry persons or property. d, The applicant fails to complete the application after bein re uested g q to do so or the information contained in the application is found to be false in any material detail. e. The proposed filming activity would violate Federal, State, or local law including licensing or permit requirements. When grounds for permit denial can be corrected b im osin . .. Y p 9 reasonable permit conditions, the Planning & Building De artment Director p andlor designee in consultation with the Fire Chief, Police Chief andlor Public VlJorks Director as appropriate, may impose such conditions rather than de ny the permit. No late applications will be processed unless the Plannin g& Building Department Director andlor desi nee determine that s e ' g p vial circumstances exist relative to the application which would have recluded its p 4 application on a timely basis. Upon such showing of good cause, a lications . , , pp which are filed after the ffl~ng deadline shall be processed if there is sufficient time to process and investigate the application and for City staff to re are for . .. p p the filming activity. 5-30.9 Permit Conditions. The Planning & Building Department Director andlor designee ma . Y condition the issuance of a film permit by imposing reasonable re uirements q. concerning the time, place, manner and duration of filming activities. Additional "Terms and Conditions" attached to the film permit, may include, but not be limited to, the following requirements or restrictions: a. Requirements for the presence of City employees at the ap licant's p expense. b. Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense. c. Posting the outer boundaries of the filming activity and providin g advanced notice to affected ,property owners and businesses. d. Requirements concerning the clean ,up and restoration of ublic p streets and City property used in the filming activity. e. Restrictions concerning the use of City employee services, vehicles and other equipment in the filming activity. f. Requirements that the applicant pay ail fees and obtain all permits and licenses required for the filming activity. g. Restrictions on explosions, noise, or hazardous devices which mi ht 9 disturb the peace, to be addressed on a case-by-case basis. h. Restrictions an the use of stunts involving pyrotechnics, o en flames p , vehicle crashes or other hazardous materials. i. Requirements on the usage of police, fire and other official uniforms worn by actors when the actors are not on camera. i. Restrictions on the use of City logos, insignias, badges or decals for filming purposes. k. Restrictions on the daily hours the filming activity may be conducted within the City. I. Requirements concerning proper acknowledgment of an Cit Y Y assistance provided in making feature, television or commercial productions. 5-30.10 Fees. The City Council shall establish film permit fees by resolution which are due and payable at the time their permit application is submitted, in addition to the film permit fees, the applicant shall pay for any other necessa ermits for rY p , the use of the sites, and for all costs incurred by the Cit in rovidin Cit Y p 9 Y employees or equipment to be present during filming activity. 5 5430.11 Change of Filming Activity Date. Upon reasonable notice by the permittee in advance of filming activity, the Planning & Building Department Director andlor designee is authorized to change the date for which the film permit has been issued without requiring a newapplication orpermit. 5-34.12 Insurance Required, The applicant for a filmpermit shall procure and maintain for the duration of the film activity insurance in the amounts and types required by the City's Risk Manager. 5-30.13 Liability and Indemnification. Prior to the issuance of the film permit the ermittee must a ree in writin to p g g comply with the "Filming Permit Terms and Conditions." 5-30.14 Duties of Permittee, The permittee and al! agents, employees and contractors of the permittee at the filming activity site within the Gity shall comply with the following requirements: a. The permittee shall not conduct within the City a filming activity not authorized by the film permit. b. The permittee shall: i. Comply with instructions made by the Alameda Police officers assigned to police the filming activity area, ii. Comply with instructions made by City employees assigned to regulate the filming activity site. iii, Clean and restore all City-owned property utilized during the filming activity to the same condition as existed prior to the filming activity. iv. Comply with this Chapter and all Federal, State and local laws. 5-30.15 Street Closures. The applicant for a film permit may request that the City authorize a street closure on the film permit application. A short term encroachment permit shall be granted by the Public Works Director, ~~rd. No. 251o N.S. §1~ 5-30.16 Pyrotechnics. During the filming of any special effect or pyrotechnics or any material deemed hazardous, fireworks, open flames or explosives, the applicant the Fire Department. stunt requiring the use of including but not limited to must obtain a permit from 6 5-34.1 Permit Revocation or Suspension. Permit Revocation: The Planning & Building Director and or designee may revoke a film permit if the permittee or any agents, employees or contractors of the permittee fail to comply with the applicable requirements of this section or if the Planning & Building Director andlor designees} determines after .the permit is issued that the permit application was false in any material detail, Notice of the grounds for revocation of the film permit shall be provided in writing by the Planning & Building Director andlor designee to the permit applicant or person in charge of the location of the filming activity. Appeals of~ the permit revocation shat! be conducted in the manner set forth below. The Fire Chief, Police Chief, Public Works Director andlor Planning & Building Department Director andlor their designees} may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the location manager will not or cannot prevent the hazard after being instructed to do so. Notice of the grounds for suspension of the film permit shall be provided in writing by the applicable Chief or Director andlor designees to all other Department Directors and Chiefs} with the authorization to suspend} and the permittee within one ~~ }business day of the suspension. Appeals of the permit suspension shall be conducted in the manner set forth below. 5-30.~ 8 Appeals. Any person dissatisfied with a decision of the City or its representative may file an appeal to the Alameda Film Commission AFC} within the time specified below. The appeal shall be made in writing and filed with the Permit Center not later than five ~5} days after the date written notice of the Cit .. y decision is made, Failure to file a timely appeal shall result in a ~ravier to the right to appeal. The appeal shall state in detail the factual basis for the a eal. pp The AFC or its designee may appoint a hearing officer to conduct the hearing, to receive relevant evidence, and to submit to the AFC findings and recommendations to be considered by the AFC. If appointed, the hearing officer shall hear the appeal and submit his or her findings and recommendations to the AFC. The AFG shall render its decision within seven ~7} working days from the date of the hearing, or in the event that a hearin g officer has been appointed, within seven ~7} working days from the date the AFC receives the findings and recommendations of the hearing officer, The decision of the AFC shall be final. 5-30.~ 9 Penalties. The violation of any provision of this section shah constitute an infraction. 7 Section 3. This ordinance shall be in full force and effect from and after the expiration of thirty X30} days from the date of its final assa e. p 9 Presiding Officer of the City Council Attest: Lara ~lveisiger, City Clerk City of Alameda *~**~* I, the undersigned, hereby certify that the foregoing Qrdinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of March, 2D08 by the following vote tv wit: AYES: NOES: ABSENT: ABSTENTIONS: IN VvITNESS, VvHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of March, 2008. Lara vlleisiger, City Clerk City of Alameda S CITY OF ALAMEDAORDINANCE N0. New Series E 0 N as v L a ~. AMENDING VARIOUS SECTIONS OF THE ALAMEDA MUNICIPAL CODE CONTAINED IN ARTICLE I (ZONING DISTRICTS AND REGULATIONS) CHAPTER XXX (DEVELOPMENT REGULATIONS) PERTAINING TO RETAIL AND COMMERCIAL USES ~ WHEREAS, on July 17, 2007, the City Council directed staff to develo a ,~, P a big box I large format store definition and to evaluate the potential need for o ~ additional regulatory tools to control the location and operation of far a retail ~ g ~ uses; and ... WHEREAS, on October 22, 2007, December 10, 2007, January 28, 2008 and February 11, 200H, at publicly noticed hearings, the Planning Board evaluated various options for regulating large stores; and ~11lHEREAS, after evaluating various regulatory options and acce tin p g public comments, the Planning Board adopted a resolution recommendin that . g the City Council adopt proposed zoning text amendments that would include: 1 .. } a definition of large format retail; 2} establ~shfng a use permit requirement for large format retail in specific zoning districts; 3} enhanced permit findin s to ... 9 ensure compat~bil~ty with existing land uses; and 4} establishing that existin g retail uses would not be classified as nonconforming solely for lack of an approved use permit; and WHEREAS, the City Cauncil has made the following findings relative to the proposed zoning text amendments: 1. The proposed zoning amendment does not affect the integrit of the Y General Plan. The proposed zoning text amendment is consistent with existin .. g General Pian policies. Additionally, prior to considering this zanin . .. g amendment, the City initiated an update of Genera! Plan retail development policies. Based on economic studies, input from the community and various City Boards and Commissions, new and revised city-wide retail development policies General Plan Amendment PLNO7-0077} are being considered.by the Cit at this . Y time. This zoning amendment has also been considered in relation to these proposed General Plan policies. The zoning text amendment will provide a more effective means of implementing these General Plan policies, if adopted. Final Passage at Ordinance #4-E CC 44-01-08 2. The proposed rezoning does not adversely affect the general welfare ofthe community. This zoning code amendment does not prohibit any specific type of use or allow new uses not already permitted. It does require additional review and provides an appropriate mechanism for regulating larger developments to ensure that these projects will be compatible with existing land uses and that potentially significant impacts will be avoided or mitigated to the extent feasible, 3. The proposal is equitable. This zoning code amendment does not prohibit any specific type of use or allow new uses not already permitted. It does require additional review and provides an appropriate mechanism for regulating larger developments to ensure that these projects will be compatible with existing land uses and that potentially significant impacts will be avoided or mitigated to the extent feasible. Existing retail uses will not be classified as nonconforming solely for lack of an approved use permit. 4. Environmental Determination The proposed zoning text amendments would not prohibit any land use currently permitted under the AMC or authorize additional land uses currently not permitted by the AMC. Consequently, the amendments do not have the potential to cause changes to the physical environment that could result in significant adverse environmental effects within Alameda or other jurisdictions. Therefore, the proposed zoning text amendment is Categorically Exempt from environmental review pursuant to CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations; Section 15061~b}~3}, Review for Exemption; and Public Resources Code Section 21065, Project Definition. BE IT GRDAINED by the City Council of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by adding the following definition to Section 30-2 Definitions}: Section 3~~2 Large Forma! Relarl: A single stand-alone store or collection of retail uses, developed and or managed within a single building or shopping center which individually or cumulatively include over 30,000 square feet of retail sales floor area. Section Z. The Alameda Municipal Code is hereby amended by adding to Section 30-4.8.c ~C-1 Neighborhood Business District, Uses Requiring Use Permits} new Subsection ~ 0 as follows: Section 30-4.8.c.10 Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 30,000 square feet cif part of a planned develo meat, p no use permit is required}. Sectian 3. The Alameda Municipal Code is hereby amended by adding to Section 30-4.9.c ~C-2 Central Business District, Uses Requiring Use Permits} new Subsection 16 as follows: Section 30-4.9.c.1 fi Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 30,000 square feet cif part of a planned development, no use permit is required}. Sectian 4. The Alameda Municipal Code is hereby amended by adding Large Format Retail to Section 30-4.9A.c.1 ~C-C Community Commercial, Uses Requiring Use Permits}. Large Format Retail will replace Laundry and Cleaning Establishments as Subsection 34-4.9.c.1~gg} as shown below, Laundry and cleaning establishments will become Subsection ~hh} and all subsequent uses, listed alphabetically, will be relabeled sequentially. 30-4.9A.c.1 egg} Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 30,000 square feet cif part of a planned development, no use permit is required}. Section 5. The Alameda Municipal Code is hereby amended by adding to Section 30-4.10.c. ~C-M Commercial-Manufacturing, Uses Requiring Use Permits} new Subsection 15 as follows: 30-4.10.c.15 Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 30,000 square feet cif part of a planned development, no use permit is required}. Section 6. The Alameda Municipal Code is hereby amended by adding to Section 30-4.10.c ~C-M Commercial-Manufacturing, Uses Requiring Use Permits} new Subsection 15 as follows: 30-4.10.c .15 Large Format Retail including conversion of existing .multiple retail tenant spaces to a single tenant space larger than 30,OOO square feet cif part of a planned development, no use permit is required}, Section 1. The Alameda Municipal Code is hereby amended by adding to Section 30-4.11.c. ~M-1 Intermediate Industrial District, Uses Requiring Use Permits} new Subsection 14 as follows: 30-4.11.c.14 Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 30,DD0 square feet cif part of a planned development, no use permit is required}. Section S. The Alameda Municipal Code is hereby amended by adding to Section 3D-4.12.c. ~M-2 General industrial District, Uses Requiring Use Permits} new Subsection 19 as follows: Section 30-4.1 Z.c.1 Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 30,000 square feet cif part of a planned development, no use permit is required}. Section 9. The Alameda Municipal Code is hereby amended by modifying Section 30-21.3.b, Use Permit Standards. New text is underlined. Section 30-21.3.b. 1. The location of the proposed use is compatible with other land uses in the general neighborhood area and the ro'ect desi n and size is architecturally, aesthetically~,and operationally .. harmonious with the communit and surroundin develo ~ ment. 2. The proposed use will be served by adequate transportation and service facilities includin edestrian bic cle and transit facilities_ 3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on,.existin,q business districts o,r the local economy„ 4. The proposed use relates favorably to the General Plan. Section 10. The Alameda Municipal Code is hereby amended by modifying Section 30-4.13.a, Planned Development Combining District, Statement of Purpose, Deleted text is shown in strikeout and new text is underlined: 30-4.13.a The purpose of the Planned Development District is to provide more flexibility in fh° ^'°~in~-nf ~~„~~~~°~ site design, development. ;standards and types of land uses than would otherwise be allowed in the underlying zoning district; to ensure project compatibility with_ surraundinq, ,uses; and to ensure ,that adverse environmental effects are reduced or availed to the maximum extent feasible. Section 11. Section 30-4.13.d, Uses Permitted in Planned Developments The Alameda Municipal Code is hereby amended by adding the following new Subsection to Section 30-4.13.d, Uses Permitted in Planned Deveivpments~ Section 30-4.13.d 2 ~d~ Large Format Retail Section 12. The Alameda Municipal Code is hereby amended by modifying Section 3D-4.13.f.3, Planned Development Procedures and Standards, and adding new Subsections a and b to Section 30-4.13.f: 3D-4.13.f.3 The Planning Board ~ may approve a PD application only if it determines: ~~~~ s-a--n~efe ~° rli~~rir~ ~eli~h -erhirh if ie rnrrshinnrl~ ' 30-4.13.f. a The development is a more effective use of the site than is possible under the regulations for which the PD district is combined, and; 3D-4.13.f b The project meets the requirements of AMC Section 30-21.3.b. Use Permit Standards, Subsections 1, 2, 3, and 4. Section 13. The Alameda Municipal Code is hereby amended by modifying subsection 30-4.13:m.2~d} and adding new subsection 30- 4.13.m.2~f}: 30-4.13.m.2~d} Additions to commercial or public uses which involve more than atwenty-five X25%} increase in the floor area of existing structures associated with the use; e~, T,he Planning Board. may place additional requirements on„ individual Planned Develo ment ro'ects that establish s ecific criteria for evafuatin the need for an amendment. These may be in addition to or may modify the standard established in this section. 30-4.13.m.2~f~ Conversion of existing multiple tenant retail spaces to a single retai! space greater than 3D,D00 square feet; unless, said conversion is allowed by the existing Planned Development approval. Section 14. The Alameda Municipal Code is hereby amended by adding new Subsection l to Section 30-20, Nonconforming Buildings and Uses: 7. Large Format Retail Section 3o-2o.a Existing large format retail uses, constructed and in use prior to March, 208, that are located in commercial, manufacturing, Planned Development or M-X zoning districts where large format retail is allowed and that comply with the development standards of the zoning district shall not be classified as nonconforming. Section 15. This ordinance shall be in full force and effect from and after the expiration of thirty X30}days from the date of its final passage. Section 16. Severability Clause. It is the declared intent of the City Council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of #his ordinance. Section 1l. The above amendments shall be known as and referenced to as Reclassification and Rezoning Amendment No. to ordinance No. 1211, N.S. **~*~~ Presiding ~fficerof the 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 Council of the City of Alameda in regular meeting assembled on the day of , 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN v111TNESS, UUHERE4F, I have hereunto set my hand and affixed the official seal of said City this day of , Zoo8. Lara vveisiger, City Clerk City of Alameda CITY OFALAMEDA RESOLUTION NO, APPOINTING CECILIA CERVANTES AS A MEMBER GF THE CITY PUBLIC ART COMMISSION 0 o m r~ ~ ~ m ~ ~; 0 a a BE IT RESOLVED by the Council ofthe City of Alameda that pursuantto Section 30-65.7 of the Alameda Municipal Code and Resolution No,13513,and upon nomination of the Mayor, CEClLIACERVANTES is herebyappointedtothe office of memberof the PublicArt Commission of the City of Alameda forthe term commencing on April 1, 2008, and expiring on June 30, 2011, and to serve until her successor is appointed and qualified. **~*~* I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 1 st day of April, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: s IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of April, 2008. Lora Weisiger, City Clerk City of Alameda Resolutions #5-A 44.01-48 CITY ~F ALAMEDA RES~LUTICN NQ, APPaINTING ANDREA M. LEALASA MEMBER ~F THE CITY PUBLIC ART C~MMISSI~N BE IT RESOLVED by the Council afthe City of Alameda that pursuant to E ~~ 0 t/ M V ~a ~ .~ a ~ ~ ~ .- o L a Section 30-65.1 of the Alameda Municipal Code and Resolution No. 13513, and upon nomination of the Mayor, ANDREA M. LEAL is hereby appointed to the office of member of the Public Art Commission of the City of Alameda for the term commencing on April 1, 2008, and expiring on June 30, 2011, and to serve until her successor is appointed and qualified. *~*~** I, the undersigned, hereby certify that the foregoing Resolutian was duly and regularlyadopted and passed bythe Council of the Cityof Alameda in regular meeting assembled on the 1 st day of April, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN 1NITNESS VIIHERE~F, 1 have hereunto set my hand and affixed the official seal of said City this day of April, 2008, 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: April 1, 2008 Re: Discuss and Finalize the City Council's Priorities for Fisca! Year 2007- 2008 BACKG R~ U N D Last year, the City Council and the Executive Management Team EMT} began a priority setting process in order to provide an opporkunity for the City Council to give direction on the City's priorities for departmental work plans for the next budget cycle and to strengthen the City Council's understanding of staff's current work plans and the resources available to carry them out. The process was also intended to create mutual understanding and agreement between the City Council and the EMT on a process of reporting progress on the work plans and on modifying priorities once adopted. To facilitate this process, the City Council and the EMT met together in workshops on September 11 and November 13, 2007. DISCUSSIaN At the two City CouncillEMT workshops, the City Council reached consensus on the concept of a purpose statement for the City. That purpose statement is: the C~fy of Alameda focuses rfs resources on proU~d~ng services that enhance fbe qualify of !!fe for ifs residents and promote the prosperrfy of ifs business communlfy. The City Council also confirmed seven citywide policy objectives, which provide a long- term framework for determining the focus of the work of the City organization and how resources will be deployed. The following list of priority objectives also includes an eighth objective that reflects a continuing commitment to maintaining a safe community. The eight citywide policy objectives are: • Continue progress in the redevelopment of the former naval property. • Identify funding and develop master plans for providing and maintaining infrastructure improvements. • Take measures to improve and promote the community's economic health. City Council Agenda Item #5-B 04-01-0~ Honorable Mayor and April 1, 2008 Members of the City Council Page 2 oft • Develop or update and implement land use, transportationltraffic, parking and also environmental sustainability planning strategies, tools, and documents. • Provide quality youth and senior programs, services, and facilities. • Recruit, retain, and develop a skilled and responsive workforce. • Continuously improve internal operations, systems, and management practices in order to provide high-quality customer service. • Deliver high-quality services that improve and promote the safety of the community. In addition to developing the purpose statement and policy objectives during the workshops, the City Council discussed the departmental work plans, which contain projects that are funded and in progress. At the first workshop, the Mayor and Councilmembers were asked to identify their highest and high priority projects from the list of projects in the work plans. At the second City CauncillEMT workshop on November 13, the Mayor and Councilmembers requested additional discussion of the priorities identified on September 11. To facilitate that discussion, the consultant developed the attached City of Alameda Priorities document, which sets the context for priority setting and provides a list of the highest and high City Council priorities identified on September 11. The first eight items are those that received the highest number of votes on September 11. This document will provide the basis for the City Council's continued discussion and finalization of these priorities. BUDGET CGNSIDERATIONIFINANCIAL IMPACT There is no impact to the General Fund from this action. MUNICIPAL CGDEIPOLICY DGCUMENT CRASS REFERENCE This project does not affect the Municipal Cade. RECOMMENDATIGN Discuss and finalize the City Council's priorities for FY 2005-2009. Respectfully submitted, r f Lisa Goldman Deputy City Manager Attachment: City of Alameda Priorities City of Alameda Priorities Identifying the City Council's "Highest" and "High" Priorities March 2008 At the September 1 ~ , 2001, CouncillEMT workshop, staff presented work plans containing projects that are funded and underway. After the staff presentations, the Council was asked to identify their "highest" and "high" priority projects from the list of projects in the work plans. The list of priority projects that resulted is provided in Attachment A. The reason the Council was asked to do that is that the City has a very ambitious work program and staff is fully engaged in carrying out on-going City services, as well as implementing a large list of projects. Knowing which projects are the Council's highest priorities helps staff to make adjustments in assignments and timelines when emerging issues arise. At the November 13, 2007, CouncillEMT workshop, the Council indicated its interest in discussing its priorities to ensure full consideration and public input, A process to assist the Council has been created and is described below. Context for Priorities Priorities are set for the many projects currently in departmental work plans. The projects and work plans are the means to achieve the City Council's policy objectives. Thus, the framework for the project priorities can be illustrated in this way: In order for projects to be implemented, resources are allocated~to them during the budget process or at other times in the year. ongoing services receive budget allocations as well. City Council Attachment to Agenda Item #5-B oa-o~ -os Purpose Statement and Cifywide Policy Objectives On November 13th, the City Council reached consensus on the concept of a purpose statement, which is as follows: The City if Alameda focuses its resources on providing services t>7af enhance the quality of life for its residents and promote the prosperity of its business community. The Council also reached consensus on seven citywide policy objectives, which provide a long- term framework for determining how staff and other City resources will be focused on behalf of the community. Specific projects and work plans are the means for implementing these policy objectives. o Continue progress in the redevelopment of the former Naval property. o Identify funding and develop master plans for providing and maintaining infrastructure improvements. o Take measures to improve and promote the community's economic health. o Develop or update and implement land use, transportationltraffic, parking and environmental sustainability planning strategies, tools, and documents. o Provide quality youth and senior programs, services, and facilities, o Recruit, retain, and develop a skilled and responsive workforce. o Continuously improve internal operations, systems, and management practices in order to provide high-quality customer service. After reflecting on the City Council's November 13t" discussion about priorities, staff identified an eighth citywide policy objective pertaining to safety, Staff proposes the following citywide policy objective be added to the list; o Deliver high-quality services that improve and promote the safety of the community. 2 ATTACHMENT A - LIST ~F NIGNFSTAND N~GN COUNCIL PR1aRIT1ES IDENTIFIED GN SEPTEMBER ~ ~, ?DOl Some Modlfrca~rons Maafe on 11I~3/Ol anal March 2045) The following projects are listed in order of the number of votes given by Council members at the 9111101 CouncillEMT Priority Setting Workshop. The bold items are those receiving at least 3 dots on 9111101. All projects receiving at least one dot neither "highest" or "high" priority on 9111107 are listed below. Some of the items have been modified in response to comments made by Councilmembers at the 11/13101 CouncillEMT workshop. In addition, staff modified item 1l in light of the City's current budget challenges. Those changes are noted below in italics. '° 4 h ",~ 2 R Y V ~ S , S ~ ~ ~;~ '~ '~,7 1. AP&T Address Telecom financial issue 5 highest -implement lanslrecommendations 2. Housing Authority Work with the Housing 3 highest Commission to develop an 1 high acquisition and development plan for expanding affordable housing opportunities using the remaining Measure A Gu on exemption 3. Development Former Navy Base 3 highest Services Redevelopment--Secure Conveyance of Alameda Point from Navy and negotiate development entitlements with SunCal 4. Planning & Building Transportation Element Update 3 highest Public Works General Plan ~Nofe: Three projects nave been combined TransportationlTraffic Planning 2 highest into oneJ 2 high Transportation master plan; 2 high pedestrian plan; Safe Routes to Schools--implement innovative approach to encourage walklbikelcarpool to school 5. Planning & Building Customer Service Improvement 3 highest Committee work items project ADD fi. Public Safety Disaster PreparednesslUpdate 1 highest Disaster Mitigation Plan and the 3 high EDC Plan 1. Planning & Building Soft-story seismic retrofit 1 highest Note: fne word program 2 high "incentive" was eliminated between "retrofif"and rrprogram "~ 3 j -. " i. ^ a k 4 ~ tff , ~' ~~~ ~ it ~ f ~ 1 ~i;~ weak ' ~ ~ ~ ~ ~/ I ' $ ~ ~ ~ , S. Recreation, Parks Prepare and implement 3 high and Golf comprehensive operation review of Golf Course operations 9. Planning & Building Hausing Element Update General 2 highest Plan 10. Recreation, Parks and Renovate Godfrey Field; Rittler 2 highest Golf Field; Lincoln Park Field Replace Krusi Park Recreation Buildin 11. Library Develop a long range plan for library 1 highest service includes Measure 0 funds 1 high allocation for branch im rovements 12. Development Services Former Navy property development 1 highest Conduct homelesslPBC screening 1 high for Coast Guard Housing and related Community Reuse Plan amendment. Includes lease of ball fieldlpark area and coast guard housin 13. AdministrativelSupport Review web hosting, design and 1 highest Services maintenance services and conduct 1 high needs assessment of current contributors 14. AdministrativelSupport Review compensation system 1 highest Services broadened to include review of full 1 high s stem 15. Planning & Building Prepare Local Action Plan for 1 highest Climate Protection 1 high AP&T Enhance EnergylEnvironmental 2 high Sustainability -evaluate alternatives for reducing carbon footprint Public Works Environmental Protection 1 high jiVofe: Three pro~ecfs have been combined info one 16. Public Works Continuous improvement of systems 1 highest Street tree master plan; sewer 1 high master plan; storm drainage master Ian 1l. AdministrativelSupport Explore options to generate revenue 1 highest Services for City operations andlor jNofe: staff added The infrastructure improvements words "Cify operations and/orb 18. AdministrativelSupport Budget review and tracking ~pro~ect 1 highest Services ADDS 19. Planning & Building Land Use Element -Retail and 1 highest Business Services Section Update General Plan ~ ~ p` M~ ~ F ~i f _ . jx/ { ~ ~ t E ; s ~ s3 rf' rG rrFi A r r i 20. Planning & Building Develop a Facilities Master Plan: 1 highest identify funding and prepare master plans for building infrastructure improvements 21. Library Provide facility and service 2 high improvements to both Bay Farm Island and West End Libraries 22. AdministrativelSupport Develop Succession Planning and 2 high Services Workforce Strategy including youth ~Nofe: "and Workforce outreach component} Sfrafegy"was added fa this ro'ecf 23. Fire Conduct Fire Station 3 feasibility 1 high stud 24. Development Services CDBG-funded project to implement 1 high the "West Alameda: Woodstock to Webster Neighborhood Im rovement Plan" 25. Recreation, Parks and Implementation of a Youth Advisory 1 high Golf Commission to advise Council on outh-related issues 26. Recreation, Parks and Review business and financial plan 1 high Golf of the Alameda Museum 2l. Recreation, Parks and Estuary Park Task Force -initiate 1 high Golf meetings with Task Force to identify otential fundin 28. AdministrativelSupport Develop a compliance plan for 1 high Services GASB-45 regulations by performing an actual study and reviewing o tions with Council 29. AdministrativelSupport Labor agreement negotiations with 1 high Services ublic safet bar ainin units 30. 31. 32. 33. 34. 35. 36. 3l. CURRENT APPLICATIONS RECREATION AND PARK COMMISSION TWO VACANCIES (FULL TERMS EXPIRING SEPTEMBER 30, 2011) Lola W. Brown James R, Currier Sarah J. Jones Jennifer J. Koney Aaron P. Roudabush Michelle Shelley} M, Russi Brad C, Shook Gail Wetzork Re; Agenda ftem #8-A D4-0~-08