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2011-04-05 Packet
.,�,e r CITY OF ALAMEDA CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY APRIL 5, 2011 6.00 P.M. Location. Cit Council Chambers Conference Room, Cit Hall, corner of Santa Clara Avenue and Oak Street Aqenda, 1 Roll Call Cit Council 2. Public Comment on A Items Onl An wishin to address the Council on a items onl ma speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: 3-A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION (Gov. Code Section 54956.9(b)) Number of cases: Two 3-B. LIABILITY CLAIMS (54956.95) WORKERS' COMPENSATION CLAIM Claimant- Robert Villa Agenc claimed--a Cit of Alameda 4. Announcement of Action Taken in Closed Session, if an 5. Adjournment Cit Council Marie L. Gilmore, Mayor f Q2 9 Authority of the Q tv of Alameda 701 Atlantic Avenue Alameda, California 94501 -2161 TEL: (510) 747 -4300 FAX: (510) 522 -7848 TDD: (510) 522 -8467 DATE TIME I C)C'.ATir)N Tuesday, April 5, 2011, 6:55 PM City Hall, council chambers, Room 390, 2263 Santa Clara Ave., Alameda, CA Welcome to the Board of Commissioners of the Housing Authority of the City of Alameda meeting. Regular Board of commissioners meetings are held on the first Tuesday of each quarter in the council Chambers at City Hall. Public Participation Anyone. wishing to address the Board on agenda items or business introduced. by Commissioners may speak for a maximum of three minutes per agenda item when the subject is before the Board. Please file a speaker's slip with the Housing Authority Executive Director if you wish to address the Board of Commissioners. PLEDGE OF ALLEGIANCE 1. ROLL CALL Board of Commissioners 2. CONSENT CALENDAR Consent Calendar items are considered routine and will be approved or accepted by one motion unless a request for removal for discussion or explanation is received from the Board of commissioners or a member of the public. 2 -A. Minutes of the Special Board of commissioners meeting held February 15, 2011. Acceptance is recommended. 2 -B. Award the contract to Renovate Kitchens and Bathrooms at 10 Units at Esperanza to Bay cities construction in the Amount of $122,544, Including Contingencies, and Authorize the Executive Director to Execute the contract. Regular Meeting of the Board of commissioners April 5, 2011 Page 2 2 -C. Award the contract to Replace Trash Enclosures at Parrot village and Eagle Village to Empire Engineering and construction in the Amount of $178,200 Including Contingencies, and Authorize the Executive Director to Execute the contract. 2 -D. Adopt the Resolution to Approve Housing Year 2012 including the Proposed Position Capital Improvement Projects. Authority Budget Revision No. 3 for Fiscal Changes, Extraordinary Maintenance and 3. AGENDA 3-A. Authorize the Acting Chief Executive officer to Execute a Letter of Intent with Dr. Bill Longwell for Acquisition of the Property at 1 435 Webster Street and Development of a Mixed -Use Project, Including 15 Units of Housing Affordable to Low Income Seniors. 4. ORAL COMMUNICATIONS, Non Agenda (Public Comment) 5. COMMISSIONER COMMUNICATIONS, Communications from the Commissioners) 6. ADJOURNMENT Note: Materials related to an item on this agenda submitted to the Board of Commissioners after distribution of the agenda packet are available for public inspection in the Housing Authority of the City of Alameda, 701 Atlantic Avenue, Alameda, CA 94501 during normal business hours. Sign language interpreters will be available on request. Please contact carol Weaver, Secretary, at 747 -4325 voice or 522 -8407 TDD at least 72 hours before the meeting to request an interpreter. Accessible seating for persons with disabilities (including those using wheelchairs) is available. Minutes of the meeting are available in large print. Aud iotapes of the meeting are available on request. Please contact carol Weaver at 747 -4325 voice of 522 -8407 TDD at least 72 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. 7 i i s CITY OF ALAMEDA •CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Assistant 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 5 X011 7:00 P.M. [Note: Regular council Meeting convenes at 7.00 pm, city Hall, Council chambers, corner of Santa Clara Avenue and. oak Street] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Oral Communications, Non Agenda (Public Comment) 5. Consent Calendar 6. Regular Agenda Items 7. City Manager Communications 8. Oral Communications, Non Agenda (Public Comment) 9. Council Referrals 10. Council Communications (Communications from Council) 11. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Assistant city clerk if you wish to address the city council. SPECIAL MEETING OF THE CITY COUNCIL 0:00 P.M. COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) REGULAR MEETING OF THE HOUSING AUTHORITY 0:50 P.M. BOARD OF COMMISSIONERS, CITY COUNCIL CHAMBERS Separate Agenda 1 ROLL CALL City Council 2. AGENDA CHANGES 3. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 3 -A. Proclamation Declaring the Month of March "Women's History Month" 3 -B. Proclamation Congratulating college of Alameda on its 40 Years of Service to the Community. 3 -C. Proclamation Declaring April as Autism Awareness Month. (City Attorney) 3 -D. Proclamation Declaring April 16, 2011, as Earth Day. (Public Works) 3 -E. Proclamation Declaring May 2011 as Asian Pacific Heritage Month. (City Manager) 4. ORAL COMMUNICATIONS NON AGENDA (Public Comment) A limited number of speakers 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; this section is limited to 15 minutes; additional public comment will be addressed under Section 8 5. 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 5 -A. Minutes of the Regular City council Meeting Held on March 15, 2011; and the Special City council Meeting Held on March 25, 2011. (City clerk) 5 -B. Bills for Ratification. (Finance) 5 -C. Recommendation to Authorize the Public Works Director to Enter into a Letter of Agreement between the city of Alameda and the West Alameda Business Association for the Administration of a Monthly Parking Permit Program in City Owned Lot W. (Public Works) 5 -D. Recommendation to Authorize the Public Works Director to Enter into a Letter of Agreement between the City of Alameda and the Park Street Business Association for the Administration of a Monthly Parking Permit Administration in City Owned Lots A and C. (Public Works) 5 -E. Recommendation to Accept the Work of Mountain Cascade to Pipeburst Existing 14 Inch VCP Storm Drain Pipe and Replace with 16 Inch HDPE Pipe on Eighth Street, between Pacific Avenue and Lincoln Avenue. (Public Works) 5 -F. Recommendation to Adopt Plans and Specifications and Authorize a call for Bids for Repair and Resurfacing of Certain Streets, Phase 30, No. P.W. 10- 10 -26. (Public Works) 5 -G. Recommendation to Receive an Update on the City's Green Initiatives. (Alameda Municipal Power) 5 -H. Recommendation to Authorize the Purchase of Two Marked Ford Crown Victoria Police Vehicles through the Los Angeles County Vehicle Bid Contract at a Cost Not to Exceed $50,000.00. (Police) 5 -1. Adoption of Resolutions Approving Amendments to the Memorandums of Understanding between the city of Alameda and the Alameda Police officers Association Non -Sworn Unit for the Period commencing December 20, 2009 and Ending December 18, 2010, and Extended through March 26, 2011, the International Brotherhood of Electrical Workers Local 1245 for the Period Commencing January 1, 2009, and Ending December 18, 2010, and Extended through March 26, 2011, and the Management and confidential Employees Association for the Period Commencing January 1, 2005 and Ending December 20 2008, Extended through December 12, 2009, Extended Again through December 18, 2010 and Extended Again through March 26, 2011. (Human Resources) 5 -J. Final Passage of ordinance Amending the Alameda Municipal code to Amend Chapter xIII (Building and Housing) by Repealing Article I (Uniform codes Relating to Building, Housing and Technical Codes) in its Entirety and Adding a New Article I (Uniform codes Relating to Building, Housing and Technical Codes) to Adopt the 2010 California Building Code, the 2010 California Residential Code, the 2010 California Historical Building code, the 2010 California Electrical code, the 2010 California Plumbing Code, the 2010 California Mechanical code, the 2010 California Energy code, the 2010 California Green Building Standards code, the 1997 Uniform Housing Code, and the 1 997 Edition of the Uniform code for the Abatement of Dangerous Buildings, and Amend Chapter Xv (Fire Prevention) by Repealing Section 15 -1 in its Entirety and by Adding a New Section 15 -1 to Adopt the 2010 California Fire Code. (Community Development /Fire) 5 -K. Final Passage of Ordinance Amending the Alameda Municipal Code by Repealing Article II (Boards and Commissions) of Chapter II (Administration) in Its Entirety and by Repealing Subsection 30 -65.7 (Public Art Commission) of Chapter XXX (Development Regulations) in Its Entirety and Adding a New Article 11 (Boards and Commissions). (City Manager) 6. REGULAR AGENDA ITEMS 6 -A. Public Hearing to Consider Introduction of Ordinance Amending Section 30 -7 of the Alameda Municipal Code Related to the Off Street Parking and Loading Space Regulations. (Community Development) 6 -13. Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Section 12 -17 (Preferential Parking Zones) of Article III (Permit Parking) of Chapter XII (Designated Parking) in Its Entirety, and by Adding a New Section 12 -17 (Preferential Parking Zones) to Modify the Procedures Relating to the Designation of Preferential Parking Zones. (Public Works) 7. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 7 -A. Provide Direction on Improving the City of Alameda's secondhand Smoke and Tobacco Control Policies 8. 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; speakers not called under Item 4 may address the Council at this time 9. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 10. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 11. ADJOURNMENT City Council Materials related to an item on the agenda are available for public inspection in the City Clerk's Office, City Hall, Room 380, during normal business hours 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 SPECIAL MEETING OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA HELD TUESDAY, FEBRUARY 15, 2011 The Board of Commissioners was called to order at 7:55 p.m. PLEDGE OF ALLEGIANCE 1 ROLL CALL Present: Commissioners Bonta, deHaan, Johnson, Tam, and Chair Gilmore Absent: Commissioner Allen 2. CONSENT CALENDAR Commissioner Johnson moved acceptance of the Consent Calendar. Commi Bonta seconded. Motion carried unanimousl Items accepted or adopted are indicated b an asterisk. *2-A. Adopted the Resolution to Approve Revision No. 2 for Housin Authorit Bud for Fiscal Year 2011. *2-B. Accepted the Audit Report for Fiscal Year Endin June 30, 2010. 3. AGENDA 3-A. None. 4. ORAL COMMUNICATIONS None, 5. COMMISSIONER COMMUNICATIONS None. 6. ADJOURNMENT There bein no further business, Chair Gilmore adjourned the meetin at 7:57 p.m. Attest: Marie L. Gilmore, Chair Michael T. Pucci Executive Director Secretar HABOC Item #2-A CC 4-5-11 Housin Authority of the, Cit of Alameda 701 Atlantic Avenue Alameda, California 94501-2161 Tel: (510) 747 -4300 Fax: (510 )522-7$48 TDD: (510) 522 -3467 To: Honorable Chair and Members of the Board of Commissioners From: Lisa Goldman Acting Chief Executive Officer Date: April 5, 2011 Re: Award the Contract to Renovate Kitchens and Bathrooms in 10 Units at Esperanza to Bay Cities Construction in the Amount of $122,544, Including Contingencies, and Authorize the Executive Director to Execute the Contract i m 9 M 2001010 1 The Fiscal Year 2011 Extraordinary Maintenance Project (EMP) budget includes unit renovations at Esperanza, which includes the replacement of kitchen and bathroom cabinets and countertops. DISCUSSION On January 28, 2011, the Housing Authority issued an Invitation for Bids (IFB) for Kitchen and bathroom renovations in 10 occupied residential family units at Esperanza. A public notice was placed in the local newspaper and on the Housing Authority's website. In addition, all contractors that have requested placement on the Housing Authority's list of potential contractors for this type of work and all Alameda contractors with a relevant business license were contacted about the I FB. A pre -bid conference was held on February 8, 2011, to provide interested contractors the opportunity to inspect the site. Nineteen contracting firms attended this pre -bid conference. On February 22, 2011, nine bids were received and publicly opened, and the lowest five bid results are as follows: CONTRACTOR LOCATION BID AMOUNT J3C Construction Berkeley, CA $95,000 Bay Cities Construction Oakland, CA $102,120 Empire Construction Oakland, CA $1K000 Rodriguez Construction Oakland, CA $105,200 N.S. Construction and Painting Danville, CA $112,9Ua HABOC Item #2 -B CC 4-5-11 Honorable Chair and April 5, 2011 Members of the Board of Commissioners Page 2 of 2 The apparent low bidder has a history of failure to complete the work in the time allotted, poor workmanship and the use of substandard materials on previous projects. Based upon prior unsatisfactory experience with this firm, its bid for this project was judged to be non responsible. On March 7, 2011, a hearing was held to address the appeal filed by the apparent low bidder, and the Hearing Officer concurred that this bidder was rightfully deemed as non responsible. The second lowest bidder, Bay Cities Construction, has an extensive track record in successfully completing Housing Authority projects and is therefore being recommended for this contract award. FINANCIAL IMPACT The budget provides $135,000 for unit renovations at Esperanza. A 20 percent contingency ($20,424) is recommended for potential Change Orders, which will increase the contract to a not to exceed amount of $122,544. RECOMMENDATION Award the contract to Bay Cities Construction in the amount of $122,544 including contingencies, and authorize the Executive Director to execute the contract. Respectfully submitted, F Michael T. Pucci Executive Director Exhibit: 1. Contract with Bay Cities Construction on file in the City Clerk's office To: Honorable Chair and Members of the Board of Commissioners From: Lisa Goldman Acting Chief Executive Officer Date: April 5, 2011 Re: Award the Contract to Replace Trash Enclosures at Parrot Village and Eagle Village to Empire Engineering and Construction in the Amount of $178,200 Including Contingencies, and Authorize the Executive Director to Execute the Contract BACKGROUND The Fiscal Year 2011 Extraordinary Maintenance Project (EMP) budget includes the replacement of trash enclosures at Parrot Village. DISCUSSION Given the current favorable bidding environment, the Housing Authority determined that it might be able to replace the trash enclosures at Parrot Village and Eagle Village for the amount budgeted for Parrot Village alone. On February 18, 2011, the Housing Authority issued an Invitation for Bids (IFB) for the replacement of eight trash enclosures at Eagle and Parrot Villages. A public notice was placed in the local newspaper and on the Housing Authority's website. In addition, all contractors that have requested placement on the lousing Authority's list of potential contractors for this type of work and all Alameda contractors with a relevant business license were contacted about the IFB. A pre -bid conference was held on February 24, 2011 to provide interested contractors the opportunity to inspect the site. Nine contracting firms attended this pre -bid conference. On Larch 7, 2011, five bids were received and publicly opened, and the results are as follows: CONTRACTOR LOCATION BID AMOUNT Empire Engineering and Construction Oakland, CA $148,540 Jedco Engineering and Construction Berkeley, CA $148,800 TPA Construction Rocklin, CA $197,709 Bay Construction Oakland, CA $230 Pleasanton Engineering Dublin, CA $245 HABOC Item ##2 -C CC 4 -5 -11 Honorable Chair and April 5, 2011 Members of the Board of Commissioners Page 2 of 2 The Housing Authority has not worked with Empire Engineering and construction on any previous projects. Staff has checked their references with no negative findings. Staff has also discussed all contract requirements with Empire Engineering and Construction. They will provide the Mousing Authority with all necessary insurance documentation and proof of a city of Alameda business license. Bonding requirements will be met prior to commencement of work. The Housing Commission reviewed the proposed contract at its meeting held on March 10, 2011. The Housing Commission recommends the Board of Commissioners award the contract. FINANCIAL. IMPACT The budget provides $180,000 for the replacement of trash enclosures. A 20 percent contingency ($20,700) is recommended for potential Change orders, which will increase the contract to a not to exceed amount of $178,200. Replacement of trash enclosures at both complexes is within the budgeted amount. The budget revision proposed recommends deletion of Ev1 -12, replacement of trash enclosures at Eagle Village. RECOMMENDATION Award the contract to Empire Engineering and Construction in the amount of $178,200 including contingencies, and authorize the Executive Director to execute the contract. Respectfully submitted, Michael T. Pucci Executive Director Exhibit: 1. contract with Empire Engineering and Construction -on file in the City Clerk's office D To: Honorable Chair and Members of the Board of Commissioners From: Lisa Goldman Actin Chief Executive Officer Date: April 5, 2011 Re: Adopt the Resolution to Approve Housin Authorit Bud Revision No. 3 for Fiscal Year 2012 includin the Proposed Position Chan Extraordinar Maintenance and Capital Improvement Pro BACKGROUND On April 6, 2010, the Board of Commissioners passed and approved a two- operatin bud for all pro coverin the two fiscal y ears startin Jul 1, 20101 and endin June 30, 2012. Two amendments to the FY2011 bud have been adopted. This third amendment, if adopted, will be the first one to affect the second bud y ear (FY2012). DISCUSSION Income This bud revision proposes to reduce income in two cate This revision would reduce rental income for Independence Plaza to reflect actual revenues bein received. The U. S. Department of Housin and Urban Development HUD has not adopted a bud for the current fiscal y ear and with the split in Con next y ear's HUD bud ma also be difficult to pass. A number of proposals have been made, most of which talk about reduced fundin Takin a conservative approach, the Housin Authorit is anticipatin that a 10 percent reduction in Administrative Fees will take place. To cover the anticipated expenditures for three additional Capital Improvement Pro additional income is re for Independence Plaza. This bud reflects these chan in income. Expenses The Housin Authorit is continuin its reor plans. The Communit Development Pro Mana position, previousl a position in the Economic Development Department, has been moved to the Housin Authorit and is now reflected in the Schedule of Authorized Positions. This bud also proposes addin three entr mana positions and eliminatin three existin positions. These chan reflect current needs of the divisions whose responsibilities have chan since the retirement of the Mana HABOC Item #2-D CC 4-5-11 Honorable Chair and April 5, 2011 Members of the Board of Commissioners Pa 2 of 4 Housin Mana All tasks and related emplo have been reassi to the other divisions. I The Housin Assistance Division deals with a variet of pro (e. Housin Choice Voucher Pro Famil Unification Pro Project-based Voucher Pro etc.), each with its own uni rules and re There also is a hi de of risk for the or (i.e., loss of federal fundin if emplo fail to perform ade A hi de of coordination is re as this division must work with private propert owners and a wide variet of other g overnment entities. This division is under an internal reor creatin work units that will focus on various operational tasks involved with runnin these federal and local housin pro includin eli case mana etc., incorporatin some functions that used to be part of the of the Mana Housin Division. An entr position of Administrative Services Coordinator is proposed in this bud revision. This position would take over mana of one of the three work units and up to five emplo The Maintenance Division has two components. One component involves mana extraordinar maintenance and capital improvement pro and assistin the Hous Pro and Development Division. Each project is uni and complex..... It. also involves a substantial burden for the division's mana with tasks that cannot be dele A hi de of coordination also is re The second component consists of the da of housin units, buildin and g rounds. Activities tend to be routine; however., there is a maintenance emer from time to time that re q uick and sometimes creative action. Part. of this component involves on-site resident maintenance staff, previousl part of the M Housin Division. These emplo are uni in that. their services and livin arran are provided under contract. Mana these emplo is. ver much like mana other t of contracts. This bud revision proposes addin a Maintenance Services Coordinator, a position that has been vacant since 2006. This position, if added, will be responsible for supervisin the resident maintenance staff of three full-time and six part-time emplo The Operations Mana continues to be responsible for a variet of special projects and on tasks. When the Mana Housin Mana retired, responsibilit for the tenant population in the existin 572 units was added to her list of tasks. An entr Mana Anal position is recommended in this bud revision. If approved, this position will provide support for the Operations Mana as well as for all division mana If creation of the Maintenance Services Coordinator and Administrative Services Coordinator positions is approved, this bud amendment would eliminate the Reconstruction Specialist 11 and Housin Specialist III positions in the bud The proposed bud amendment also would eliminate the Pro Specialist 11 position in the Housin Pro and Development Division. These chan result in no net chan in the number of positions. Onl the addition of the transfer of the Communit Development Pro Mana position to the Housin Authorit fundin of which is Honorable Chair and April 5, 2011 Members of the Board of Commissioners Pa 3 of 4 not included in the Housin Authorit bud increases the total number of positions b one from 45.7 to 46.7, The proposed bud amendment recommends chan to the Schedule of Extraordinar Maintenance Projects (EMP). Two projects were able to be completed with left -over fundin in the HA-Owned Fund this fiscal y ear; therefore, the are recommended to be deleted from the FY2012 bud (EV1-12, replace Ea Villa g arba g e enclosures, and ABD1-12, repaint common areas at Anne B. Diament Plaza). Proposed additional projects include PV1-12, replacin bath fans at Parrot Villa ($7,500) and IP2-12, cleanin all sewer lines at Independence Plaza ($10,000). This bud revision also proposes to chan the scope and bud for two projects. The China Clipper Plaza project (CC1-12) was ori desi to paint the 2nd floor hallwa and replace the entr doors. The revised pro if approved, is to paint the hallwa throu the buildin increasin the cost b $3,000 to $27,800. At Lincoln House, the cost for dr rot repairs is expected to be hi than ori anticipated brin the cost for this pro which includes paintin the exterior, up from $32,750 to $421750. A variet of chan are recommended to the Capital Improvement Pro CIP Schedule. In the FY2011 bud the Housin Authorit started a process to up and add office e This bud revision proposes to continue that process with an additional investment of $36,500. This dollar amount will provide fundin to replace approximatel ei to 10 computers, 10 monitors, two printers, and a cop machine. It also will allow for the purchase of a second hi scanner and an up to the latest version of Microsoft Office. Because of the overall dollar. investment, this is considered a CIP and is listed under the Housin Authorit General Fund. The office remodelin pro will continue next fiscal y ear. This bud revision proposes carr over dollars bud from FY201 0 to FY2012 GF3-10, $520;000 This amount would incorporate the replacement of the HVAC e thus deletin this item as a separate pro GF1 -12, $38,575 Several additional pro are proposed for Anne B. Diament Plaza includin ABD2-12, replacin the nurse pull stations ($47,369 ABD3-12, replacin 10 tub/shower units $505000 1 ABD4-12, replacin 10 toilets with the low-flow t $.25,350 and ABD5-12, replacin exterior li ($22,000). Two additional projects are proposed for Rosefield Villa The include RV1-12, replacin exterior li $24,500 and RV2-12, replacin windows with ener dual-paned windows $32,500 Several pro chan also are proposed for Independence Plaza. Rather than simpl replacin the turf with drou tolerant landscapin all plantin are proposed to be replaced. If approved, the cost for IP1-12 will increase from $75,650 to $175,650. Water savin over time should make up for this additional cost. Replacin the nurse pull stations (I P3 -12 also is proposed for FY2012 at a cost of $100,000. Honorable Chair and April 5, 2011 Members of the Board of Commissioners Pa 4 of 4 The Housin Commission reviewed this bud revision proposal at its meetin held on March 16, 2011. The Commission recommends the Board of Commissioners adopt the resolution to approve the bud revision for FY2012. FINANCIAL IMPACT The attached spreadsheet (Exhibit 1) compares the approved FY2012 bud with the proposed revision. The Schedule of Authorized Positions (Exhibit 2) and the Schedule of Extraordinar Maintenance and Capital Improvement Pro Exhibit 3 also are attached. If this bud revision is approved, total Operatin Expenses are anticipated to decrease b $379,234 from $31,303,729 to $30,924,495. The chan proposed in the CIP schedule would add $1,121,344 in expenses. The total appears on the second pa of the bud spreadsheet. An increase exists onl in the Housin Authorit General Fund and Independence Plaza. The deficit for the Housin Authorit General Fund will increase b $517,925, primaril due to the office remodelin project; this deficit will be covered b reserves. For Independence Plaza, CDBG funds of $100,000 are expected to cover the cost of replacin the nurse pull s The balance of the deficit will be covered b an increased subsid from the Communit Improvement Commission. RECOMMENDATION Adopt the Resolution to approve Housin Authorit Bud Revision Number 3 for Fiscal Year 2012, includin the proposed position chan and extraordinar maintenance and capital improvement pro Respectfull submitted, Michael Pucci Executive Director Exhibits: 1. Spreadsheet Comparin Approved and Proposed Fundin 2. Proposed Schedule of Authorized Positions 3. Proposed Schedule of Extraordinar Maintenance and Capital Improvement Projects [A Housing Authority of the City of Alameda Res No APPROVING AND ADOPTING HOUSING AUTHORITY BUDGET REVISION No. 3 FOR THE FISCAL YEAR JULY 1 2011 To JUNE 30 WHEREAS, the Acting chief Executive officer has submitted a proposed budget revision to the Board of Commissioners of the Dousing Authority of the City of Alameda; and KERE S __the Housi_n A at art _has-- --s.uff c e_ t.. o e at-.n -re _r e meet tie g y p g working capital needs of its properties; and WHEREAS, the proposed budget includes expenditures that are necessary for the efficient and economical operation of the housing for the purpose of serving low income residents; and WHEREAS, the proposed revised budget indicates a source of funds adequate to cover all proposed expenditures; and WHEREAS, the Housing Authority will comply with all state and federal wage rate requirements and requirements for access to records and audits; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Housing Authority of the city of Alameda hereby adopts Budget Revision No. 3 as submitted for the fiscal years starting July 1, 2011. ATTEST: Aerie Gilmore, chair Board of Commissioners Michael T. Pucci Executive Director secretary Approved as,to Form ASSISTANT GENERAL COUNSEL r—^�1 M N r-1- POO r-•f U Exhibit 1. to Agend Item #2 -D CC 4 -5 -11 I-- ABOC v J 00 tT d` OO C� C1 L- r••f t!7 N C� lT C U; Vr M L"� GG L❑ G1 G0 M d" r• C"� �!7 40 N C C C C M r` C en CN Lri !ZE G N DO C Kr i V7 V ►l i M N M CN �i M N N M r r- C� (n M Pn GQ L^ C r-• p Lf) n V C\ rn 00 .Ch rn 't t- OC R C'\ N �7 D N r•• i C r- N r Ch tri F n kn tri N c�1 a ••y C� `7 C� N 00 en AO '!r tri e••• rn CN "0 krl r" N L7 00 "Tr N C1 r•w X r" "d• N eq C1 00 N C ©C CN M CIN lr4 C G M V n N ko C! 4 7r !T r• Q =y tri 'Tr go C C M M r- N Cr Vn I%= N 7r Lr C� �.7 "tr Vf r- rn U: n N N M r-•t x C1 M r- 00 V r- oe CJ C� Q C t- DO M C.1 r••� V d" Sri 'Ct' C D0 C1 00 "Tr Q Wn t.7 ITT Q C `"3 N M N C r•� N Nf] 'd" r- C1 V i �l: L❑ C7 r••� d` e3• M r•• tri V d' C V C"1 N M r-K I i U i ►-•y N r• 7!` G1 C7 C:� rt3 E� r� r*y e' 00 M 00 N D O O C `7 M C© Q o O C N t'•i G `7 G C N OC kli v a ;r 00 G"� M cy c, �t r• -S v �i' G1 f] C� r•� Q 00 d` '[r M N Gt C'1 C cc 00 IrT t� X 00 00 C'1 00 kf i V `7 00 00 f r3 M p C ••-i r- oo N f" A r--� Irr N N N OQ V C U1 C C t- r--{ k` kri In C N N C "d' G1 C C C] 'd" :.7 L7 C a ?Y7 DO Q N d` M �.^J 'ti C1 N CN M M kri N M C1 N C� N N O tT Sri L"1 o M C1 r•'-[ "t}" N OQ C1 N l Sri V1 007 C.1 00 M M DO Q p C t- C1 N In r� e••s r•d r•� N N C.1 w• n L"1 N r• h r+7 M kri N N N N 000cNN N t N ©ry c �ce�r•� rn�rcvo e�oaooao C o�� coo et o0 cn Cy 1` C d' V7 N �7 F R n R n rri 00 ►-•4 V r!7 F F h M n V r•-t h t- R Q C� �'3 h h 1 R F F U'7 C M N G1 M N d` N C G In 00 W o c r� ca n 00 z- en 00 h �t o R h N n h o R c h oo n :c ©N Q1 r•w 00 In 00 t'n t o eq W7 C1 N rw l*7 N r N N M 't7 7T 00 in �l3 0 40 N r 00 N 00 in I n I n N t d• I!t N t C c7 N C N C d• tt C v �7 t'n G N 00 r-•� CIN en d' 4G ITT C� I- M CN 7T M IV C r` 00 C 1n to CIS 00 to N N r M NT '�T 00 i••Zy 43 y kn CN in !T t- Cry N Cy kn d' kn '!T to tri to DC r r*i rw•t N OC1 M N r--' M N nT `3 d N t•n k- t- N ell Cti to M V aQ OD kf i r•-w 00 M H C r••� r••1 r•-1 00 N CN Q Q1 C C 1 %Z N%z 7' rn, N oo Q o C1 r- d` 1 Q CT r• 00 C 7T O vo C.1 I- N ct "tr Sri V. 00 En tn kn h N R oe t- CN n o po 00 �C 00 00 M r� �I► to tn vo t"n kn to ov N N M d CT o V7 in N C1 r- c N I' '!T N 00 V7 C C t- C N V" ao V V O t- V tin r• C7 to cn r--± r-s C Q �n L- N M to C1 to G rry o C c� c� O kn r•-t '�t 0o kn tt 00 C1 C r- rr M c� Q i- CN M 00 C1 00 N 0 OC7 va t-- va o0 M 00 r tr C it C v► d" t- 00 7r rn rn 'et t•n OG o 00 d' o M 'Tr C C C N Cti N r- r••r V N r- r-•� d" t*'i 00 N M t= V en to c \10D 'TT r- r--f r- en c; 7r V l- t- 0c M N `7 N r-•� In r-+ r- N M '!T r- t n r M in b� C0000 oO 00 o o �nCO r;�oc�o n �rort M o rn tri mac© oQr- ,C►.•� CCO ©c r~ 0Q C C C 0o r- C oo t• rn rv�� -Q 17r r- ©❑0 N rn r- a en %C tri caC 1n V� ao r••t M R r N 00 n 0 �t rZ n rn n kn €n n h n n. r- v: r= R n C'1 va r*i n to n i t- r= N Zr C1 t•-t N en rn CN V Sri t- r•�•1 C1 C1 C! 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E"""t a M•M L j.0 4w w�Q �w �o o0 0 vo o oo 0 0 Hcn �wu� �rl w 0 X o o Nom o o Exhibit 1. to Agend Item #2 -D CC 4 -5 -11 I-- ABOC M M v C7 UPI a r POO V1 v c� o a� o a v ao 00 N lri cao G ©oca� r-r M N• o cn ry t- as 00 C*N G7 ►--r Vi In M V O k i it G1 N r-4 r•s N M N N t-4 t- t- rn a a rn c c C C:� a ©nova ©kn Wn rq 0o m t- M oQ N C 00 00 0 c oc o v o 00 er a� M mw n N N Q 00 00 C cc .n N CN CN v ry DO er V o c= c a a c o o rn �y en t Q3 C\ 00 00 CN n 'ITT a o o c o N v r-� R C7� a R d• a R d` R CT T r� R R N h h T in M CT t= t- t- v c c c a c 00 N h h h h n h h n n n n R M M rt' C'1 N M C1 N CU N d C� CT d" w w M N 0�0 D d' 00 00 N G1 n ei' R d• n C1 rr] R to n L^7 to C� to v7 v r- G a 00 t- M to M t i 00 r- C1 M N d M CN V a N N rn 00 0Ci M r--! 04 Q D N w G N b Cd ll�r in 00 kn 00 1%z c, el CV t'r3 N G� C� t- CV pw" G to Q M M U N N N c*7 w t- CN 00 N 00 00 M c►7 C1 00 7 o c o IN-C t- �3 C•� 'dam Tr 00 v o CN CN kn kn F E tr 00 7 N C N N v `G d" •d• 'tr o L7 Q a 1 %c v' 00 c v a a mss• 00 ©ry 00 00 00 00 a 00 CN to r! t Q �l i to G C G d• V `7 00 t- M CN 00 a a C IN 00 OC C In a v7 V- f- C1 to t� th G1 a G:1 th kn cr? C3 c r-•+ `J a I-D ITT 00 00 M "IZ w a cl V V i.. t o o v W 404 it C a� ats tT CG CC zC 7 V CC C'v Q 6i C3 Exhibit 2 HOUSING AUTHORITY OF THE CITY OF ALAM EDA PROPOSED SCHEDULE OF AUTHORIZED POSITIONS FY2011 and FY2012 REV. NO. 3 Approved Proposed ADMINISTRATION AND MANAGED HOUSING Executive Director 1.0 1.0 Housing Authority Manager 1.0 1.0 Management Analyst 1.0 Executive Assistant 1.0 1.0 Housing Manager 1.0 Intermediate Clerk 1. p Sub -total 3.0 6.0 FINANCE DIVISION Finance Manager 1.0 1.0 Accounting officer 1.0 1.0 Senior Account Clerk 1.0 1.0 Account Clerk 1.0 1.0 Sub -total 4.0 4.0 HOUSING DEVELOPMENT" AND PROGRAMS Development Services Division Manager 1.0 1.0 Community Development Programs Manager 1.0 Program Specialist 11 1.0 Office Assistant 1.0 1.0 Sub -total 3.0 3.0 HOUSING ASSISTANCE DIVISION Housing Assistance Manager 1.0 1.0 Administrative Services Coordinator 1.0 Housing Specialist 111 1.0 Housing Manager 1.0 Housing Specialist 11 3.0 3.0 Housing Specialist 1 3.0 3.0 Intermediate Clerk 6.0 6.0 Sub -total 14.0 15.0 HOUSING MANAGEMENT DIVISION Housing Authority Manager (Managed Housing Mgr) 1.0 1.0 Housing Manager 2.4 Intermediate Clerk 1.0 Resident Errs ployees* 4.7 Sub -total 8.7 1.0 MAINTENANCE AND FACILITIES DIVISION Pubic Works Supervisor 1.0 1.0 Maintenance Services Coordinator 1.0 Reconstruction Specialist 11 1.0 Housing Specialist II 1.0 1.0 Senior Clerk 1.0 1.0 Maintenance Tears Leader 1.0 1.0 Maintenance Worker 11 4.0 4.0 Maintenance Worker 1 3.0 3.0 Custodian 1.0 1.0 Resident Employees* 4.7 Sub -total 13.0 17.7 TOTAL 45.7 ,46.7 There are three full -time Resident Managers (independence Plaza, Anne B. Diament Plaza, and Esperanza), three part -time Assistant Resident Managers (same complexes), and four part time Resident Custodian positions. These employees are required to reside on site at the housing complex, each as an individual Exh 2. to Agenda Item #2 -D CC L I Hotisin(y tt) Authority of the Cit of Alameda 701 Atlantis Avenue Alameda, California 94501 -2161 Tel: (510) 747-4300 M Fax: (51 0)522.7848 TDD: (5 10) 522 -8467 To: Honorable Chair and Members of the Board of Commissioners From: Lisa Goldman Acting Chief Executive officer Date: April 5, 2011 Re: Authorize the Acting Chief Executive officer to Execute a Letter of Intent with Dr. Bill Longwell for Acquisition of the Property at 1435 Webster Street and Development of a Mixed -Use Project, Including 15 Units of Housing Affordable to Low- Income seniors BACKGROUND On July 27, 2010, the City Council received a presentation on the Webster street .Vision Plan (Vision Plan) prepared by Urban Design Associates. one of the profiled Webster Street sites is the lot at Taylor and Webster Streets. This lot, located at. 1435 Webster Street, is a 14,745 square foot (0.34 acre) property currently being used as a private surface parking lot. For many years, the City leased the property and .operated it .as a public parking lot. The City elected not to renew the lease in 2009, and the property has been listed for sale for several years. The Vision Plan calls for the property to be developed as a mixed -use project with ground floor commercial uses and two stories of residential units above the ground floor. Exhibit 1 is the Taylor and Webster rendering from the vision Plan. The property is also included in the Affordable HousIng Development Pipeline presented to the City Council in October 2010. Prior to the vision Plan presentation, in May 2010, Dr. Bill Longwell, a local real estate developer, approached the Housing Authority of the City of Alameda about .jointly acquiring and developing the property. His analysis of the property concluded that a residential component was required for a financially feasible project. The property is zoned Community Commercial (C -C). Residential development is permitted in a C -C zone as long as the ground floor use is commercial. Dr. Longwell proposed to secure a commercial tenant and retain long -term ownership of the commercial portion of the building and requested that the Housing Authority consider a partnership in which it would develop and own the residential portion of the project. Based on ongoing discussions with Dr. Longwell, staff has prepared the attached Letter of Intent (LOI) to acquire and develop the property as a mixed -use project (Exhibit 2) for Housing Authority Board of Commissioners (BOC) consideration. 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,--I d� d' N H E1 r-q r� N M 0 w N Q oa E�W o0 ov oo �..a o a o 0 0 o r- r- oo ao 0o rnrn GY W a i i i i w x to �o pR U W N CV wa H �i w aA �o A� 00 U U ry U] U] H H Cy A A 00 00 E� E� 00 W W CI] a� H U o U� v t�- xU U] W o t[� r.�x ors U U o ry NN U �1 W o10 ho o� oU rn� N a as w H W r t A H U E-{ W E-+ �A a �x x U E C.] 0 0 f� W ox U W Ha U r� o H C} H W oU �q U oo H M N o U� o0 z w H r-I r-I �U rn� o a h ry W w w A wW W H o� a W Ei A H �g paq o o Q+ �C o H HH U W a r�C1] U� p� H F--� p� W H U w orx Uw xw wH A A AU oar Uz xw ww c�nw aw fs.� �A as WW Ha WW WW W o W W E-+� H a� 0� �N o w ow as �a H H Q W� a CI]cn f�p� xW U� ri d� Hw ww F�;� E-+� aR� as AA HE-+ �d�rn U W WW �'Ix a�� o as off U as ww Aa HE-I fxfx rn as as as c�ww wo A rx o E� a U H H H H H H t---+ W U x o 0 0 0 0 0 BAH �]r.� w U oo HH NH HH H H a U A G4 U H 0 H N N z W a A fx CJ CI] d� rn di w H H 0 A C��'� AL�[[EDA lvlemorandum To: I- lonorable Il�ayor and 11�ernbers of the city council l= rorr Lisa Cold rnan Acting city Manager Date: April �o 1 lie: Authorize the Public vvorks Director to Enter into a �.etter of Agr�en�ent Bet�reen the city of Alameda and the vilest Alameda Business Association for the Administration of a IVlonthly Parking P�ern�it Program in city- o�rned dot vii �]:��l���I�J The City has one public parking lot in the West Alameda Business District. Lot W is located on the northside of Santa Clara Avenue.. between Webster Street -and Eighth Street. Since December 2005, the West Alameda Business Association (WABA) has administered the issuance and tracking of monthly parking permits in the lot through a Letter of Agreement (Agreement) with the City. The monthly parking permit program has proved a successful partnership, and WABA and the City are interested in continuing this arrangement. DISCLJSSID� The monthiy parking permit progrann provides .designated parking :spaces for business employees in the vilebster Street Business District in Lot vii. Tie Public lli�orks Department provides parking permits on a monthiy basis to viIABA, and bus�r�ess employees purchase the permits from viIABA at a cost of $3o per permit per.. month. All monies from the sale of permits collected by �lvABA are deposited its the city �r� a monthiy basis. 11vABA provides monthly and quarterly reports to the Public 1lllorks Department and receives 5o per quarter for adnninistering the prograrr�. In accordance Frith Section 59.3 of the Aiar�eda Municipal code, which requires tie city Council to approve any contract that extends .beyond five years, s�ff requ�ssts app�eva[ to establish a ne�ry AgreerT�ent. As propflsed, the City end 1l1IABA �viil be agile to mutually extend the Agreement for up to five additional years based on satisfactory performance of all aspects of this Agreement. A copy of the Agreement is on file in the city Clerk's office. s j Honorable Mayor and Members of the city council FINANCIAL IMPACT April 5, 2011 Page 2 of 2 The cost of administering the program is included in the Parking Meter Fund (Fund 224, Program 5438924) budget. There is no impact to the City's General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This action does not affect the Alameda Municipal Code. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under CEQA Guidelines Section 1 5301 Existing Facilities. RECOMMENDATION Authorize the Public Works Director to enter into an agreement between the city of Alameda and West Alameda Business Association for the administration of a monthly parking permit program in City -owned lot W. Approved as to funds and account, Fred Marsh Controller Exhibit: 1. Agreement (on file in the City Clerk's office) 2 -16 TRANSPORTATION COMMISSION 2 -16.1 Commission created; Purpose. There is hereby created a commission which shall. be. known as the Transportation Commission. The Commission shall advise the City council on City transportation policies, through the development of transportation plans including but not limited to a Transit Plan, Bike Plan, Circulation Plan, Pedestrian Plan, and Transportation Demand Management Plan, and shall monitor, via quarterly staff reports, the implementation ..of approved transportation plans and policies. The Transportation Commission shall review proposed plans and policies with the .Planning Board, where appropriate, prior to making. recommendatio.ns..to .Council...The..Transportatio.n o.mmisSion may review major transportation plans, including project plans and documents.that affect transportation systems in the. City, for the purpose of providing comments to and advising the Planning Board and/or City Council, when and where appropriate, as to the consistency of the proposed plans or documents with established and /or adopted city of Alameda transportation .policies. 2_16.2 Membership; Appointment; Term of. office; Removal; vacancies. a. The Commission shall consist of seven (7) members, all of whore shall, at the time of their appointment and during their incumbency, be residents of the city, unless otherwise noted below in subsection 2 -16.5. b. Upon nomination of the Mayor, the City.Council shall appoint, .between May 1 and July 1 of each year, such merr bers as are necessary to maintain. a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until. the successor of such member is appointed and qualified unless otherwise noted below in subsection 2 -15.5. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person seeks appointment. d. A member of the commission may be removed by the vote of a majority of the council. A vacancy in the office of a member shall be filled for the unexpired terra by nomination and appointment by the Mayor and the city Council, respectively, for the duration of the unexpired term of office. 2 -16.3 Meetings; officers; voting. a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -15.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission shall have the power to establish rules for its proceedings and select from its membership a Chairperson and a Vice Chairperson, each of whom shall serve in such offices for a term of one (1) year or until successors are selected. b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2 -16.4 Duties of Commission. It shall be the duty of the Transportation Commission to: a. Develop transportation policy recommendations for City Council approval. Such policy recommendations shall be consistent with other adopted City plans and policies. The Transportation Commission shall Consider the economic, community development (including environmental, aesthetic, public health and safety, and social welfare) and legal impacts of any recommended policies. b. Review and advise the appropriate City departments, committees, commissions, boards, and City Manager on transportation related documents. c. Review major transportation plans, including project plans and documents that affect transportation systems in the City for the purpose of providing comments and advising the Planning Board and/or City council, when and where appropriate, on the consistency of the proposed plans or documents with established and /or adopted city of Alameda transportation policies. d. Review and provide recommendations on referrals submitted by Public Works Director pursuant to Alameda /Municipal code subsections 8 -1.1, 8- 5. 1 8-8-11 8 -20.31 8 -20.4 and 8 -2 7.3. e. Perform the role as an appeals hearing board as designated in Alameda Municipal Code subsection 8 -1.3. In no event shall the authority of the Transportation Commission subvert, duplicate, or lessen the authority, duties, and responsibilities of existing City Committees, Commissions, Boards, or of the City manager. 2 -16.5 Composition of Commission; Special Terms; Qualifications, and Conditions. a. A maximum of two (2) members may be non residents of Alameda, employed by a business operating within the City of Alameda. b. Members shall be selected to represent the diversity of transportation modes and be balanced between commuter, business, and recreational use. 2 -16.6 Appeal of Transportation Commission Decision. a. Any interested person may file an appeal of a decision .of the Transportation Commission by filing a written letter with the City .Clerk within ten (10) days of the Transportation Commission decision and submitting an appeal fee as set forth by the master fee resolution. Appellant must state the reason for the appeal. b. Any member of City Council may call for a review of the decision of the Transportation Commission by notifying the City Clerk. The cal.1 for review must be done within ten (10) days of the Transportation Commission decision. No fee shall be paid for a call for review. c. Appeals or calls for review shall be scheduled for public hearing and decision by the City Council no later than the third regularly. scheduled and held meeting following submittal of the appeal or call for review. An alternate date for the hearing may be selected by mutual agreement of the appellant and the City. d. The City Council shall review the appeal de novo and may affirm, reverse or remand. The appeal fee will be refunded only if the decision of the Transportation Commission is reversed. 2 -17 HOUSING AND BUILDING CODE HEARING AND APPEALS BOARD. 2-17 Definitions. 2- 17.1.1 Building Code shall mean collectively or individually, the Alameda Administrative Code, the Alameda Building Code, the Alameda Residential Code, the Alameda Electrical Code, the Alameda Plumbing Code, the Alameda Mechanical Code, the Alameda Fire Code, the Alameda Housing Code, the Alameda historical Building Code, the Alameda Code for the Abatement of Dangerous Buildings, the Alameda Green Building Standards Code, the Alameda Energy Code, and the state lousing Lags. 2- 17.1.2 Building Official shall mean the Chief Building Inspector, Fire Marshall or Code Enforcement Officer, or his or her appointed or designated representative. 2 -17.' Board created. There is hereby created a Board, which shall be known as the Housing and Building Code Hearing and Appeals Board. 2 -17.2 Membership; Appointment; Term of office; Removal; vacancies. a. The Board shall consist of five (5) members, all of whom shall at the time of their appointment and continuously throughout their incumbency be residents of the city. b. Capon nomination of the Mayor, the City Council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Board, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeps appointment. d. A member of the Board may be removed by the vote of a majority of the Council. 'A vacancy in the office of a member shall be filled for the unexpired terra by nomination and appointment by the Mayor and the city Council, respectively, for the duration of the unexpired term of office. 2.17.3 Meetings; voting. a. The Board shall meet as necessary to perform the duties outlined in subsection 2 -17.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Board shall have the power to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Board shall be necessary to take any action thereof. 2-17.4 Duties of Board. It shall be the duty of the Housing and Building code Hearing and Appeals Board to: a. Hear and decide appeals from orders, decisions or determinations made by the Building official regarding the application and interpretation of the Alameda Building code, the Alameda Code for Building conservation, the Alameda Electrical code, the Alameda Plumbing code, the Alameda Housing code, and all determinations made by the Fire Chief regarding the application of the Alameda Fire code. b. Fear and decide appeals from orders, decisions or determinations made by the Building official regarding the requirements of the city relating to the use, maintenance and change of occupancy of hotels, motels, lodging houses, apartment houses and dwellings, or portions thereof, and buildings and structures accessory thereto, including requirements governing alterations, additions, repair, demolition and moving of such buildings. c. Render all decisions and findings in writing to any appellant with a duplicate copy to the chief Building Inspector. d. To perform such other duties as may be assigned to it by the City council. 2 -17.5 Composition of Board; Special Terms, Qualifications, and Conditions a. Members of the Board shall be persons who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city of Alameda. The city council shall endeavor to appoint persons who are knowledgeable in the construction or design of buildings and who are familiar with the content and application of the Uniform codes. b. The chief Building Inspector, or his/her designee, shall be an ex officio member of the Board, but shall have no vote on any matter before the Board. C. The Board shall have no authority relative to interpretation of the administrative provisions of the Building Code nor shall the Board be empowered to waive requirements of the Building Code. 2.18 PUBLIC ART COMMISSION 2-18.1 Commission created; Purpose There is hereby created a commission, which shall be known as the Public Art Commission. The Public Art Commission is to support the provision of visual public art. 2 -18.2 Membership; Appointment; Terra of office; Removal; vacancies a. The Commission shall consist of five (5) members, all of whom. shall be residents of the City during incumbency. Members shall. be knowledgeable about contemporary visual public art and capable of engaging effectively in a jury process. b. Upon nomination of the [Mayor, the City Council shall appoint, between May and duly 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first. day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified. c. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person .seeks appointment. d. A member of the Commission may be removed by the. vote of a. majority of the Council. A vacancy in the office of a member shall be filled for. the unexpired term by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired term of office. 2 -18.3 Meetings; voting a. The Commission shall meet as necessary to perform the duties. outlined in subsection 2-18.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission shall have the power to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2 -18.4 Duties of Commission It shall be the duty of the Public Art Commission to: a. Make decisions regarding applications for the installation of public art, the selection of public art, and matters pertaining to the quality, quantity, scope and style of art in public places. b. Make recommendations to the City Council regarding the Public Art Plan. C. Promote the City inventory of meritorious Public Art in public view. d. Assist private property owners, as requested, regarding the selection and installation of Public Art who are knowledgeable about contemporary visual public art, and capable of engaging effectively in a jury process. e. The Commission shall review and promote city inventory of meritorious Public Art in public vier. 2 =19 COMMISSION ON DISABILITY ISSUES. 2 -19.1 Commission Established. There is hereby established a commission which shall be known as the Commission on Disability Issues. 2 -19.2 Membership; Term of Office; Removal. a. The Commission shall consist of eleven (11) members, all of whom shall be residents of the city. b. Upon nomination of the Mayor, the city council shall, at the time of their appointment and during their incumbency, appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of .July following such appointment and continuing for. four years thereafter until the successor of such member is appointed and qualified. C. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority of the council. A vacancy in the office of a member shall. be filled .for the unexpired term by nomination and appointment by the Mayor.and the City council, respectively, for the duration of the unexpired terra of office. 2 -19.3 Meetings; voting. a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -19.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission shall have the pager to establish rules for its proceedings. b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof. 2 -19.4 Duties of commission. It shall be the duty of the Commission on Disability Issues to: a. Provide information and make recommendations regarding disability issues to the city council. b. Receive information regarding disability issues from the community at large. C. Adopt rules for the proper conduct of its affairs. In no event shall the authority of the commission on Disability Issues subvert, duplicate, or lessen the authority, duties, and responsibilities of existing City Committees, commissions, Boards, or of the city Manager. 2 -20.1 Commission created; Purpose. There is hereby established a commission which shall be known as the Alameda Film Commission, whose purpose shall be to enhance and encourage filmlvldeo production within the city, thereby advancing the economic benefits associated with it, and to encourage greater integration, coordination, and cooperation for the film/video industry in Alameda. 2-20.2 Membership; Appointment; Term of office; Removal; Vacancies. a. The Commission shall consist of eleven (11) members, all of whom shall, at the time of their appointment, be residents of the city during incumbency, except as noted below in subsection 2 -20.5. b. Upon nomination of the Mayor, the city council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four years thereafter until the successor of such member is appointed and qualified unless otherwise noted below in subsection 2- -20.5. C. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the term for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority Y of the council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the /Mayor and the City Council, respectively, for the duration of the unexpired terra of office. 2 -20.3 Meetings; Officers; voting. a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -20.4. meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission shall have the power to establish rules for its proceedings. The Commission shall .select from its regular membership a Chairperson and a d each of whom shall serve in such offices for a term of one (1) year, or until their successors are selected. b. The votes of a majority of entire membership of the Commission shall be necessary to take any action thereof. 2 -20.4 Duties of Commission. It shall be the duty of the Film commission to. a. Promote Alameda as a film destination; b. Assist staff in the development of specific policies, plans and programs to promote the film /video industry in Alameda; C. maintain liaison with other specific interest groups, councils, organizations, and institutions related to the film industry; d. Provide perspective and recommendations for the city council with respect to the development and planning for a significant film arts base in Alameda; and 2 -20.5 Composition of Commission; Qualifications and Conditions. The commission shall consist of eleven (11) members as follows: i. Three (3) members as follows: 1 Executive Director of the Park street Business Association, or his /her designee; 2. Executive Director of the west Alameda Business Association, or his/her designee; 3. chief Executive officer of the Alameda chamber of Commerce, or his /her designee. ii. Eight (8) members as follows: 1. One (1) neighborhood member; 2. One (1) waterways representative from amarina -based business; 3. One (1) realty /property management professional; 4. Three (3) members possessing working knowledge of the film /video industry; 5. One (1) resident with knowledge of local history; and 6. One (1) representative from the arts /cultural community. The eight (S) members shall, upon nomination of the Mayor, be appointed by the city council. 2 -21 YOUTH ADVISORY COMMISSION. 2-21.1 Commission Created; Purpose. There is hereby established a commission which shall be known as the Mouth Advisory Commission, whose purpose shall be to provide city policyrnakers with the unique perspective of the community's youth on municipal issues and matters of concern to young people, to provide a forum for discussion regarding how the city can better serve its youth, and to encourage the participation of youth in local government. 2 -21.2 Membership; Appointment; Terra of office; Removal; Vacancies. a. The commission shall consist of eleven (11) regular members, all of whom shall be residents or attend a school within the city. b. Upon nomination of the Mayor, the city Council shall appoint, between May I and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for two (2) years and thereafter until the successor of such member is appointed and qualified. C. No person shall be eligible for the office held by that person for two consecutive terms immediately prior to the terra for which the person seeks appointment. d. A member of the Commission may be removed by the vote of a majority of the council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the City council, respectively, for the duration of the unexpired terra of office. 2 -21.3 Meetings; Officers; Quorum; voting. a. The Commission shall meet as necessary to perform the duties outlined in subsection 2 -21.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The commission shall have the pager to establish rules for its proceedings and select from its regular membership a chairperson and a Vice- chairperson, who shall serve in such offices for a terra of one (1) year commencing October 1, and until their successors are selected and qualified. b. Six (6) members of the Commission shall constitute a quorum. The votes of the majority of the quorum present at any one meeting shall be necessary for any action thereof. 2 -21.4 Duties of Commission,, It shall be the duty of the Youth Advisory commission to: a. Advise the city Council on all matters pertaining to the programs, activities, facilities and services of interest or concern to the Youth of the City of Alameda. b. Prepare a report annually on the Commission's analysis of hoer well the City of Alameda is meeting the needs of its youth and ghat can be done by the city to better serve the interests of youth. 2 -21.5 Composition of Commission; Special Terms; Qualifications, and Conditions. Members shall be at least the age of fourteen (14) at the time they take office and no older than twenty (20) at the time they complete their second two- yearterm. Section 2. The Alameda Municipal Code is hereby amended by repealing subsection 30 -65.7 (Public Art Commission) of Article VI (Real Estate Subdivision Regulations) in its entirety. Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city council of the city of Alameda herby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 4 This ordinance shall be in full force and effect from and after expiration of thirty (30) days from the date of its final passage. Presiding officer of the council Attest: Lara Weisiger, city clerk City of Alameda CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the city council From: Lisa Goldman Acting City Manager Date: April 5, 2011 Re: Hold a Public Hearing to Introduce an Ordinance Amending Municipal Code Section 30 -7 (Off Street Parking and Loading) to Improve and Clarify Off- Street Parking Requirements in Alameda BACKGROUND Section 30 -7 of the Alameda Municipal Code "A.M.C. Section 30 -7"} establishes the requirements for off street parking in Alameda. A.M.C. section 30 -7 explains :when near off street parking must be provided, how many spaces must be provided, Vhere it may be located on the property, when it may be located off -site, and how the. requirements can be reduced in cases where it is not feasible to provide the required parking on the property or the parking demand is reduced. In 2003, the business community and staff identified a number of. problems with the current ordinance requirements. These problems may be briefly. summarized as follows: The number of spaces required. for anew commercial use on an existing com.m ercial parcel in Alameda is often infeasible or impossible to..fit on the property. This is especially problematic on the many commercial properties in Alameda with historically significant buildings. The number of spaces required for many commercial uses exceeds the number recommended by the Metropolitan Transportation commission and..other entities that have studied the relationship between parking availability. and regional snd local policies and goals to reduce dependence on the automobile, encourage alternative modes of travel .and reduce greenhouse gas emissions. The parking regulations and requirements caused the need for long and sometimes expensive entitlement processe s for small businesses hoping to.. relocate. to Park Street or Webster Street or small property owners hoping to redevelop underutilized commercial lots. These processes often culminated with the Planning Beard being asked to waive parking requirements or waive expensive parking in -lieu payments to enable re -use or redevelopment of aging or under utilized properties in the historic retail areas. cit Council A Item #6-A 04=05-1 1 Honorable Mayor and Members of the city Council April 5, .2011 Page 2 of 7 While on- street parking spaces are often full (resulting in complaints about insufficient parking in commercial areas), private parking lots serving businesses in those commercial areas are often underutilized. In 2008, in response to the business community's concerns, the city of Alameda commissioned a study of parking on Park Street and Webster street. The study recommended a series of actions to improve parking availability and support the redevelopment and economic vitality of the. City's historic .main .street.areas. The. 2008 Parking Management strategy for the Park Street and .West Alameda Rusiness.Distri.cts is available for review in the city clerk's Office (Exhibit 1). On December 8, 2008, the Planning Board considered a proposed Parking Management strategy for the Park. Street and vilest Alameda. Business Districts. The Strategy addressed a range of activities including but not limited to. strategies to better mans e the supply of public parking (meters, lots, and the. parking :structure} as .well as g recommended changes to the parking ordinance.. On February 9 2009.; the Planning Board held a second public hearing to focus on the specific proposals for amendments to the off- street parking ordinance. At the meeting the Planning Board. gave direction regarding the Board's preferred approach to the management and provision of off- street g g parking in commercial districts in Alameda. On September 13, 2010, the Planning Board unanimously recommended. a series of amendments to the city of Alameda Municipal Code. parking requirements. The recommended amendments improve the city's. off street parking regulations. and procedures by: Clarifying when a new business or use will be subject to off- street parking Y g requirements; Establishin g new minimum and .maximum parking requirements. lor-certain.type.s. of businesses and uses in the Park street and Webster Street commercial districts; and Clarifying opportunities for new businesses or uses to reduce their. parking demand Y g through Transportation Demand Management (TDM) .programs, shared parking, employee parking passes, parking pricing, or off- street parking improvements. DISCUSSION The following analysis provides an overview. and explanation of the. amendments. that are being proposed. Subsection 30 -7.1 Intent The proposed amendments to.this. subsection are designed to clarify and explain that the City's off- street parking regulations must address not. only off street parking demand, but that they must also. support and reflect the City. of Alameda's economic development, historic preservation, transportation (including pedestrian, bicycle, transit), environmental and greenhouse gas. reduction goals and objectives. Honorable Mayor and April 5, 2011 Members of the city council Page 3 of 7 Subsection 30 -7.2. Accesso Parking Spaces Required. The amendments to this section are intended to simplify and clarify when a project or use would be required to meet the city's off street parking requirements. As amended the following projects would be required to meet or address the off street parking requirements: All new buildings. All new housing units. An expansion of commercial building floor area that is large enough to require five or more additional spaces. Reuse of a building with a conditionally permitted use. During the conditional use permit review process and hearing the staff and the Planning Board will have the opportunity to review the parking requirements for the new use Any new or additional parking required can be required as a condition of approval on the use permit. Subsection 30 -7.0. Schedule of Re uired off Street Parkin This section. is .the part of the ordinance where. the parking ratios for each .type. of use. are specified. The proposed amendments introduce new minimum and maximum parking requirem.ents..for particular uses in the.Webster and Park Street commercial districts. The. amendments introduce best practices and standards for off- street parking in transit oriented, pedestrian oriented environments. and establish caps on parking to ensure that particular uses do not create oversized parking lots that encourage auto use and impair the pedestrian, transit, historic, or physical environment. Specifically, the amendments: Establish a new minimum and new .maximu.m standard for dwelling .units built above ground floor corn mercial spaces. With the amendments, such units must provide at least one space per unit, but no more than two spaces per unit. Establish a new maximum ratio.for senior..housing. As amended, the minimum would remain at 3 of a space per unit, but a maximum of one. space per unit would be added. 0 Establish a new minimum and maximum for hotels and motels. As amended the minimum would be reduced to one space .per room, and a maximum of 1 spaces per room would be.added. Amend the requirements for general retail, banks, and minor repair services to reduce the minimum from one space per 2.00 square feet to one. space per 350 square feet, and .establish a maximum of one space per 200 square. feet. Amend the requirements for professional offices, dentists, and doctors. The minimum is lowered to one space per 400. square feet and a maximum of one space per 250 square feet is established. Require that restaurants provide .0 spaces per 1,000 square feet and a maximum of ten spaces per 1,000 square feet. The proposed amendments also: change the method of measurement for additions to existing horses. As amended, an expansion of an existing residential building by 750 feet of floor area requires the Honorable [Mayor and Members of the City Council April, 201 Page 4 of 7 addition of one parking space. Currently, the addition of 500 feet of "conditioned" space requires one parking space unless the home already has the. required num.be.r of spaces. The recommended amendment is designed to eliminate the need to determine "conditioned space" in a proposed addition, and bring the provision into alignment with the rest of the ordinance, which determines parking requirements by "total floor area The current requirement to determine "conditioned" space has caused problems for both the permit center and Alameda residents wishing to make. minor expansions to their homes. By increasing the threshold from. 50.0 to 750 square feet, the threshold will not change significantly because rgost additions of 500 square feet of conditioned space are approximately 750 square. feet of floor area. Clarify that mixed -use buildings can share parking if it can be demonstrated that.the peak demand for parking from the various uses are compatible. Currently. the code does not recognize that parking for a mixed -use building may be shared by all uses in the building. As amended, the new requirements are a better reflection of the physical, historic, :and economic constraints on redeveloping a commercial property on Park street or.Webster. Street. The proposed reductions will not result in a sign.ific.ant reduction in the amount of. parking actually provided by new businesses in Alameda.. Bxpe.rience over .the..last .tern years .has shown that when new. businesses come to Park Street and vvebster .Street they cannot meet the existing. parking requirements because the .parcels. are too. small or the historic structures prevent construction of new large parking lo.ts.. Typically, .those proposals are approved with parking reductions after a sometimes costly and. tire. consuming entitlement process with City staff.and the Planning Board. It should also be understood that the amendments do not. reduce the. corn.mun.ity's. ability to determine whether a proposed project or use is appropriate for the co.mmerciai areas.. Any use currently requiring public. review (e.g. use permit, design .review, or variance) will still require those discretionary permits. Subsection 30 -7.7. Separate or combined Use of Facilities. This subsection addresses it parking Under. these provisions, a.busines.s may propose:to meet the parking requirements by providing .some or. all .of the required. off street parking on a different .or nearby property. The 2008 parking study found that private .lots generally underutilized and that sharing of existing lots would be. a cost-effective: means to improve parking supply in commercial. areas. The proposed amendments are. intended to encourage and facilitate. shared parking agreements by: Clarifying that a shared. parking agreement .is needed when the. parking is on a different parcel of land .arid not when. the two Uses are on the same .parcel. Requiring that shared lots.. have appropriate signage so that. the customers are aware that they can park in the shared lots. Allowing the shared lot to be as far as 1,000 feet from the business (approximately three blocks on Park or Webster. Street). Currently the limit is. 400 .feet. Requiring that the shared parking agreement term be at least ten years. Honorable Mayor and April 5, 2011 Members of the city council Page 5 of 7 Subsection 30 -7.8. Location of Parking Spaces and Prohibited Parking Areas. This subsection establishes limitations on where parking can be located on a property. The proposed amendments address two issues: 1) location of parking for residential uses, and 2} location of parking for commercial uses. 1) Location of Residential. Parking The amendments are designed to resolve existing conflicts within the Alameda Municipal code between Section 30 -7, which govern required off-street parking and Section 8 and Section 4, which governs where and when a car, truck or recreational vehicle may be parked in certain places. violations of Sections 8 and 4 are generally addressed through parking citations. To remove conflicts between Section 30 -7.8 of the Zoning Ordinance.and Section 8 and 4, all references to where a person may park on their property have. been removed.. The provisions that remain preserve the existing prohibition of. Placing:.. required" off- street parking in the front yard area (typically the first 20 feet of the prope tv), but the amendments remove the text that was sometimes interpreted ..as.. a. prohibition on parking a car on the driveway leading to the garage or "required off street parking" (which is very typical). Section 8 and Section 4 allow parking in the driveway but not in the lawn area, within the front yard setback, 2) Location of Commercial Parking The proposed amendments codify a long- standing policy in the city of .Alameda that parking lots for a retail or commercial use should not be located. in .ront the: building between the sidewalk and the commercial building. Currently the-..text of the. parking ordinance allows required off street parking to be placed in front of a. new commercial building. The amendments prohibit it, but also provide a mech anisrn for. limited exceptions to the rule. As amended, the Planning Board could grant an :exce .if: It's an existing condition or The nature of the use or the site requires that some of the parking be placed in front of the building (e.g. auto dealership If the findings are made for an exception, the Planning Board most also find that the proposed parking in front of the building will not adversely impact pedestrian, bicycle, or transit access it the area. Subsection 30 -7.9. Parkinq Dimensions and Access. The amendments to Section 30 -7.9 prohibit new .curb cuts on Park Street and Webster Street. Existing curb cuts could be moved, and new curb cuts would be allowed on side streets to access new lots located behind commercial buildings, provided .the property does not already have a curb cut on the side street. The amendment is intended to codify long- standing practice and preserve the unique historic and pedestrian oriented character of Alameda's commercial districts. Honorable Mayor and April 5, 2011 Members of the city council Page 0 of. 7 Subsection 30 -7.13. Adjustments in Parkin Requirements This section explains how. a business may request a reduction in the parking requirements. As amended, the section clarifies how an applicant may request Planning Board approval to. reduce the. parking requirements for the property. The section identifies five methods to request a parking reduction: 1. Implementing a Transportation Demand Management program that reduce the demand for parking to less than the required amount, 2. Preparing a Parking Demand Study that shows that the parking demand will be less than the requirement, 3. Purchasing off site parking permits for employees, 4. Unbundling parking costs from leases, 5. Making off -site parking improvements. Procedurally, the applicant would work with staff to develop a plan for Planning Board review and approval. The plan could include one or more of the optional mechanisms.to reduce parking demand at the site. To approve the requested. reduction, the Planning Board would need to find that the "parking demand will be reduced for. the life of the project" with implementation of the proposed program. FINANCIAL IMPACT The proposed changes to the code will have no financial impact on the General .F.und. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed changes are consistent with General Plan policies promoting vital, pedestrian oriented commercial uses within the Webster Street... and Park Street Commercial districts. The proposed amendments also support the pe.lici objectives and priority actions from the 20.09 Transportation Element Update, .2408 Local. Action Plan for climate Protection, the 2008 General.Plan Retail Policies Update, and City of Alameda economic development and historic preservation policies. EN VIRONMENTAL REVIEW The project is Categorically Exempt from additional environmental review pursuant to CEQA Guidelines Section 15305 Minor Alterations to Land Use Limitations. RECOMMENDATION Introduce an Ordinance amending Municipal Code Section 30 -7 (Off Street Parking and Loading) to improve and clarify off street parking requirements in Alameda. Honorable Mayor and Members of the City Council Exhibit: April 5, 2011 Page 7 of 7 1. 2008 Parking Management Strategy for the Park Street and West Alameda Business Districts -On file in the City Clerk's office CITY OF ALAMEDA ORDINANCE No. New series AMENDING SECTION 30 -7 OF THE ALAMEDA MUNICIPAL CODE RELATED TO TIME OFF STREET PARKING AND LOADING SPACE REGULATIONS BE IT ORDAINED by the City Council of the City of Alameda: Section 1 Findings. In enacting this ordinance, the City Council finds as follows: 1. The amendments maintain the integrity of the General Plan.. The proposed zoning text amendments are necessary to ensure that the oft. street parking regulations support General Plan policies related to economic. development, sustainability, and the use of alternative modes of trans ortation. The P proposed amendments will support the vital mixed use, pedestrian oriented shopping districts that are envisioned in the General Plan. 2. The amendments will support the general welfare of the community. The proposed zoning text amendment will not negatively affect the general. welfare of the community. The amendments ensure that new, small businesses will be able to invest in Alameda and that uses that have a low parkin g .demand will not be unfairly penalized by excessive parking requirements. 3. The amendments are equitable. The proposed zoning amendment is equitable in that it supports small businesses and propert y owners .that are interested in investing in Alameda and provides processes for unnecessary parking requirements to be waived or reduced. Section 2 sections 3077.1 and 30 --7.2 of the Alameda Municipal. Code are hereby amended to read as follows: 30 --7.1 Intent. The following off- street parking and loading requirements are established in order to achieve, among others, the following purposes: a. To relieve congestion on streets, and to provide more fully for the flow move rnen t of traffic including irn roving maneuvering of transit and emergency vehicles or street maintenance equipment; b. To protect neighborhoods from parking and vehicular traffic congestion generated by the adjacent nonresidential districts; c. To promote the general welfare and convenience and prosperity of Introduction of ordinance #6 -A o4 -D5 -11 residential, commercial and manufacturing developments which depend upon the availability of off street parking facilities. d. To sup ort and promote the economic viability and rehabilitation of Alameda's historic edestrian- oriented commercial districts and e. To ensure consistency between the Citv of Alameda 's arkin olicies and r egulations, edestrian bit cle and transit policies, historic reservation policies and environmental and green house gas reduction policies. 30 -7.2 Accessory Parking spaces Required. Accessory off street parking spaces (including access driveways) shall.b.e provided in accordance with the schedule in subsection 30 -7.6 and in conformance with other provisions of this article as a condition preoede t to the occupancy of: iamw use :and in rnenfermaRGe With s a. New buildings; he tild;no 'GGr aFe,�3 =1cigzei in i=)eiQfl C, r a Any expansion of existing nonresidential buildings, which in arty ten (10) year period would .either, (i) be more.than twenty- five..(2.5%) percent of the existing gross. floor area, (ii) require five (5 o.r more. additional parking spades. as determined by the previsions of subsections 30 -7.5, 30-7.6 or (iii) remove any existing on -site p brkin g spaces re uired by this article. 0 d. Any char e in use re uiring a conditional use permit. When .makir a finding for the approval of a use permit for a use in an existing buildin the Planning Board may re wire that additional newly created arkin be ravided on or off -site or that measures be i n' o sed to reduce p arking demand in accordance with section 30 -7.13. Any add itional p arking proposed in the nublic ri ht of shall be suo'ect to the revie of the Public Works Director. e. when changes of use or building expansions require additional parking, the total amount of parking required for the site shall be reduced by the amount of parking required by subsections 30 -7.5 and 30 -7.0, but legally not previously provided, for the prior use. Section 3 Sections 30 -7.0, 30 -7.7, and 30 -7.3 of the Alameda Municipal code are hereby amended to read as follows: 30 -7.0 Schedule of Required Minimum and Maximum off Street Parking Space. Use Measurement in. Marc. Residential Dwelling units 3,000 s ft. or less in size Per unit 2 Dwellin units more than 3,000 s ft. in size Per unit 3 Dwelling units located above ground floor commercial or retail uses within the Community Commercial district Per unit 1 2 Dwelling Unit Additions When.a dwelling is enlarged on a property that is not in compliance with the minimum required parking, an additional .park space shall be added for each 750 square feet of added floor.area until compliance is ach.ieved existing driveway may be considered as parking space(s) if the proposed spaces) conform o the. requirements of subsections 30 -7.8, and 30 -7.9. Conformance with subsection 30 -7.1 0.a is not req uired. Senior housing (The Planning Board may approve a lower number of spaces if a louver parking demand can be demonstrated for the proposal.) Per unit 3/ Rooming house /bed and breakfast Per room 1 For Resident Family Hotel/Motel Per room For Resident managers 1 Hotel /Motel within Community Commercial district Per room 1 1 1l For Resident managers 1 Residential care facility of more than six persons Per 3 beds 1 For Resident managers 1 institutions and Places of Assembly Libraries, museums, art galleries Per 1,000 sq. ft. 2 Churches, theaters, auditoriums, lodge halls and mortuaries: Assembly areas Administrative Office areas Per 1, ono sq. ft. 20 Per 1,000 sq. ft. 2.5 Bowling alley Per lane 1.5 Night clubs, dance halls Per 1;000 sq. ft. 10 Public buildings, municipal and educational: All areas Visitor parking Per 1,000 sq. ft. 3.3 As determined by the Planning Director child care facilities Per 1,000 sq. ft. 1.7 Family day care with Mate license Same as dwelling unit Skating rinks and swimming pools Per 1,000 sq. ft..of skating/water area 20 Commercial Uses Marinas: Per boat berth 0.5 Per Iive aboard berth 1.0 General retail, banks, minor repair services Ground floor Upper floor space including mezzanines Per 1,000 sq. ft. 5 Per 1,000 sq. ft. 2.5 General retail, banks, minor repair services within the Community Commercial District Ground floor Upper floor space including mezzanines Per 1,000 sq. ft. 2.9 5 Per 1,000 sq. ft. 2.5 5 Professional office, doctor and dentist offices (including hospital outpatient services Per 1,000 sq. ft. 4 Professional office, doctor and dentist offices (including hospital outpatient services) within the Community Commercial District Per 1,000 sq. ft. 2.5 4 Restaurants less than 4,000 sq. ft. or less in size Per 1,000 sq. ft. 10 Restaurants more than 4,000 sq.ft. in size Seating area 4,000 sq. ft. General seating Per 1,000 sq. ft. 20 Per restaurant 40 Restaurants within the C -C Community Commercial District Per 1,000 sq. ft. 0.25 10 workllive studios Floor area beyond the 1 1, 000 sq. ft. (Parking requirement may be waived or modified subject to the requirements of Section 30-15.4(d). Per Studio 1.5 Per 1,000 sq. ft. 1 Manufacturing and industrial Uses Warehouse, story e Per 1,000 sq. ft. 0.07 Manufacturing, major Per 1,000 sq. ft. 1.25 Simiiar Uses Uses not specified above shall utilize the same rates as the most similar uses specified above. Uses not specified above and distinctly different from the above uses shall utilize a rate determined by the Planning Director based on demonstrated demand for comparable facilities fixed Uses Where distinctly different uses are combined in a single project, the parking requirement for each use shall be calculated separately, then combined for a total parking requirement for the project. Uses ancillary to a primary use shall utilize the same rate as the primary use All square footage measurements in the table are for gross floor area unless otherwise specified. 30 -7.7 separate or combined Use of Facilities. Required parking may be shared between two (2) or more uses on the same or separate parcels subject to the following standard conditions: a. The shared parking facilities shall have sufficient spaces to meet the accumulated peak demand, as determined by the Planning a nd Building Director. b. The shared parking facilities shall include signs informing users that the facilities are available to all affected uses. c. The shared parking facilities shall be within fG1_1g h,� In� ti I 'one thousand (1 ,000) feet, by the shortest walking route, of the parcels. Frith uses which generate the parking demand. d. A joint access and arkin n-- agreement with a term of at least ten l o dears between the affected parties, including the city of Alameda, In. a fora approved by the city Attorney, shall be entered into and re.co.rded to constitute a covenant running with all affected parcels of land, specifying the terms of use of the shared parking facilities.. 30 7.5 Location of Parking spaces and Prohibited Parking Areas. All parking spaces required -_ice- exGe ef by this section, shall be provided on the same parcel as the use which .is generating the parking demand. th::In thIQ IQIZ Whor--h is neneFalo., 1.1 11-1 J.W%AI IN11 izi I 1%.Al IN-&. Parking spaces provided in compliance with this section are subject to the following additional requirements: a. Residential Zones, and Residential Uses in lion- Residential Zones: 1. No required parking space may be located in any minimum required front yard, or in any minimum required side yard on the street side of any corner lot. Parking spaces may be located within minimum required side and rear yards, subject to the requirements of subsection 30- 7.10.a: Perimeter Landscaping Required. -3, 2. See subsection 30 -5.7.f for additional provisions related to the location of garages. b. Non- residential Zones. Parking spaces shall not be located between tree main building(s) and the street frontage(s),, The Planning Board may upon re guest approve parkina located between the main buildin s and the street frontage(s) throu h Design Review approval if it can be demonstrated that i to locate the parking in conforrnance with subsection 30 -7.8 b would not constitute a Chan e in the existin conditions on the site or (ii) the nature of the ro posed use or the configuration of the property requires that some or all of the arkin be located in front of the buildin and iii the desi n of the parking area and driveways will not adversely impact pedestrian bic cle vehicule or transit visibility as defined by.Section 30 -5.1 b 10 or access in the vicinity of the site as determined b the Public Works Director. c. Non- residential Parking in Residential zones. Parking for uses not allowed in a residential zone shall not be located in that residential zone. Section 4 Section 30 7.0.f.2 of the Alameda Municipal Code is hereby amended to read as follows: 2. Curb Cuts. ,tea No more than on6 (1) curb cut per lot shall be allowed, except for service stations where ccess h 1 s a l be limited to a maximum of to (2) curb cuts, unless otherwi approved by the Planning and Building and. Public Works Director These service station access points may be directionalize .e. ne way, no left turn etc. at the discretion of the Public Works Director. xisting service stations shall be brought into cornpliarce whenever modifications requiring a permit are approved. DI Notwithstanding subsection a above new curb cuts for automobile access to never ex anded or existing off- street p arking lots are P rohibited on Park Street and Webster Street fr ontag e withi the CC zoning d i strict. Existing curb cuts may be relocated or access ma be rovided frorn a side street rovided that the r�o ert does not ahead include one curb cut on the side street or has sufficient frontacl on the side street to safel accommodate the additional curb cut as determined by the Public Works Director. if access cannot be rovided from an existing relocated. or side street curb cut then the proLect app licant mav re uest a waiver of this re uirement or reduction in parking re uirements in accordance with subsection 30 -7.7 or 30 -7.13 as app roved by the Planning and Buildin and Public Works Directors. Lc� Whenever possible, applicants should consider combining driveways with existing adjacent developments or locate the driveway to allow for future joint access and parking agreements with redevelopment of adjacent properties. Section 6 Section 30 -7.11 of the Alameda Municipal Code is hereby mended to read as follows: 30 -7.11 Design Review. All parking lot improvements including parking lot fencing and landscaping, shall require Design. Review under Section 30 -37 et seq. Section 6 Section 30 -7.13 of the Alameda Municipal Code is hereby amended to read as follows: 30-7.13 Reductions in Parking Requirements. Lt The schedule of required minimum off street parking provided by subsection 30 -7.6 may be reduced, upon approval of the Planning Board, if the applicant can demonstrate that parking demand will be reduced for the life of the project through one (1 or more of the following methods: :.:w �s w w ►r a. Trans ortation Demand Management TDM Program. TDM Pro ram measures include ro rams fans and /or improvements desi reed to chary e individual travel behavior to encourage reater use of alternative nodes of trans ortation reduce sin le occup v ehicles, and red arkin demand The pro -ram shall include Prop performance targ targets and justifications for sing occu anc vehicle trips and jD arkin g reductions and shall: a single entity, such as the ro p er' owner business owner, or homeowners association to ins lement and monitor the re uired measures. The p rogram shall also include a monitoring and rep orting voce dure and a list of sOppleme r�ta measures that.will be implemented if the initial b erformance tar ets are not met as determined by the monitoring procedures. The monitori re arts shall be re aired and submitted two ears after building occu anc and on a earlv basis thereafter for an additional 6 y ea rs. if the monitoring rep indicate that .p erformance measures are not met the resp onsible entity. rnust ire lemer t the supplemental measures identified in the TDM Plan. The TDM Plan and monitoring and reporting rocedure shall be re pared by a licensed transportation professional and approved the Public Works Director. Failure to submit reports or meet performance targets after implementation of supplemental measures may result in the revocation of the project's use permit or approvals. b. Parking Demand Study: A Parking Demand Study demonstrates that the demand for parking from the use is less than the minimum required by subsection 30 -7.6. The parking demand study shall be prepared by a licensed transportation professional and approved by the Public Works Director. c. Employee Parkin Passes sufficient to meet the TDM plan demand reductions re uired under 30-17.13 a: Purchase of lon term parking asses for ern to ees to park at an existing public parking lot or structure: within 1000 feet of actual walkinci distance of the site may be provided in lieu of off street parking on the site. The long-term passes must be Provided and maintained for as long as the business is in ation. The proposal must include an annual reportin mechanism to confirm that the ern to ee p arking asses are bein purchased b the business the parking reduction. d. off- street Parking Amprovements: Improvement of public arkinq facilities including but not limited to provision or ac uisition of land for ublic arkin construction of new public parking facilities, improve ments to existin off- street or p rovidina additional on- street parking facilities may be :proposed in -lieu of rovidin on -site arkin To ap prove the ro osed ire rove ments in lieu of on- site arkin the Planning Board must find that the proposed irri rovernents mill result in additional ublic off- street parkincl spaces e uivalent in number to the number of spaces that will not be rovided on the site. The:applicant shall a ree to complete the ire rovernents rior to obtainin a permit to occu the buildin whether permanently or temporaril e. Unbundled Pricing. se aratin or "unbundling the cost of parking from the cost of the lease or the cost of a co ndominium unit In a multi -unit residential or commercial condominium oro m be proposed to reduce the off- street par regu rement. 2) When considering are nest fora parking reduction pursuant to one or more of the. methods available ursuant to 1 above the Plan nin Board rya condition a royal of the reduction upon a g reement that all or. some of the existing parking shall be made available for snared use with si ns indicating that the mav be used by the ublic even if the user is visiting a nearb off site business. Applicant may charge a fee for snared visito to cover its costs to maintain and operate the iDarkin 3) If the Planning Board approves a parking reduction the number of bic cle p arking re uired on site shall be determined by the original number of parkin spaces re uired by this code and shall not be reduced unless specificall reduced b the Planning Board. Section 7 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 provision of this ordinance. Section 3. This ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Section 9. California Environmental Quality. Act (CEQA). The proposed amendments are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations. Presiding officer of the council Attest: Lara Weisiger, city Clerk City of Alameda 1, the undersigned, hereby certify that the regularly adopted and passed by Council of the assembled on the day of AYES: NOES: ABSENT: ABSTENTIONS: foregoing Ordinance was duly and City of Alameda in regular meeting 2011, by the following vote to wit: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of 2011. Lara Weisiger, city Clerk City of Alameda CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Lisa Goldman Acting city Manager Date: April 5, 2011 Re: Introduce an Ordinance to Amend the Alameda Municipal Code by Repealing Section12 -17 (Preferential Parking Zones) of Article III (Permit Parking) of Chapter Xil (Designated Parking) in its Entirety, and by Adding a New Section 12 -17 (Preferential Parking Zones) to Establish a Citywide Permit Parking Program BACKGROUND The city recently completed a parking analysis that recommends... reducing. off-street parking requirements within community Commercial (C -C) zoning districts to .e.ncourage economic development. The study assumed, however, that a Parking Permit Program (PPP) would be in place prior to, or as part of, the approval. of the. reduced off street parking requirements. As indicated in the parking analysis, a PPS' is needed to address the predicted increase of commercial parking spillover into .res areas. In addition, residents in several neighborhoods adjacent to business districts and other high parking demand generators (e.g. shops, schools, hospitals, medical offices, etc.) have reported an inadequate supply of on- street parking. Additional factors, such as the use of residential garages for storage, the large number of vehicles .per household, and parking by casual carpoolers and transit riders near bus. stops in residential neighborhoods, contribute to.the increased demand for on- street parking spaces. This demand increases on days where parking restrictions are in effect to facilitate street sweeping. DISCUSSION The purpose of a PPP is to improve on- street parking availability for residents living in neighborhoods adjacent to non residential land uses that create a high demand for parking and directly impact the ability of residents to park in close proximity. to their .residences. PPPs are commonly used in the Bay Area to address these concerns. A PP imposes a maximum time limit for on- street parking within an established. boundary, known as the parking permit zone, and exempts vehicles displaying a valid permit from. the posted parking restrictions. The permit is made available to all residents that reside within the zone and have paid the appropriate fee. The program allows residents greater access to longer term parking in the vicinity of their residence. The parking restrictions associated with street sweeping would still remain in effect for permit holders. City Council Agenda Honorable Mayor and April 6, 2011 Members of the city Council Page 2 of 6 To develop the framework for a PPP in the City of Alameda, staff reviewed existing programs in the cities of Oakland, Berkeley, San Mateo, walnut creek, Pittsburg, Salinas, and Brisbane and in the county of Alameda. The program proposed by staff is generally consistent with a majority of these programs. PPP Financing Mechanism and Initiation Of the above jurisdictions that staff was able to contact directly, all reported that some level of financial subsidy from their general funds was required to maintain their programs. Because of the existing demands on the city's General Fund revenues, the inter- departmental staff team analyzing the impacts associated with reducing off street parking requirements agreed that implementation of a PPP in Alameda should be cost neutral to the city. Before a PPP zone is recommended to the city council for approval, staff would establish a reasonable permit cost to ensure it is self- supporting. To confirm that a PPP zone remains cost neutral, staff would annually review its expenses and revenues, and if the permit fees and citations collected in the previous year were insufficient to. cover the cost of the program, staff would request the city council to approve a resolution to increase the zone permit fee. should it be determined that a PPP was. not financially self supporting due to the low number of permits issued, the city council may dissolve the PPP zone by resolution. Procedures for coordinating with PPP zone residents and .businesses prior to recommending changes to any PPP zone will be developed by staff as part of the program's implementation. Any permit fees will be incorporated into the master fee resolution and adjusted annually in accordance with the consumer Price Index for the .San Francisco Bay Area. Participants will be required to purchase a new permit every year. Eligibility Criteria for a Preferential Parking Permit Program A proposed PPP zone shall meet all of the following requirements: 1. Be located in close proximity (typically one to two blocks) to a C -C zoning district or major parking generators (e.g., schools, hospitals, offices). 2. Include a minimum of six contiguous blocks (assuming an approximate average length of 200 to 250 feet per block) or a minimum of 600 housing units. staff has determined this to be a reasonable size for a PPP zone based on the estimated costs to create a PPP and upon a review of similar programs in other jurisdictions. 3. Be comprised of a minimum of eighty -five percent (85 residential properties. 4. Demonstrate existing on- street parking occupancy for any three -hour period between 8:00 a.m. and 6:00 p.m. is at least 85 Process for Initiating a PPP Zone The following process is proposed for initiating a PPP Zone: 1. The Public works Department receives a petition signed by at least 55% of the Honorable Mayor and Members of the City council April Page 3 of s' residents and businesses on the street(s) requesting establishment of a PPP. A standard petition will be developed by staff for use by residents, and only one signature per dwelling unit or business establishment will be counted toward meeting this requirement. 2. The Public Works Department conducts a parking study or any other study that is needed to determine the eligibility (see eligibility criteria) of the proposed area. 3. If the area is determined to be eligible, the City will determine the cost of the program in a specific area and the amount of the permit fee. 4. The City Council considers a resolution creating a PPP in an area at a regularly scheduled meeting. If the resolution is approved, the City would proceed with the implementation of the PPP. Any expansion to an existing PPP zone will require the same approval process described above; however, the Public Works Director may waive the parking study for an expansion at his or her discretion. A petition to dissolve a PPP zone will follow these same procedures. Cost and Types of Permits Similar to the existing programs in other jurisdictions, several types of permits would be available. The one time cost for establishing a PPP zone amortized over five years, including yearly administration, enforcement, and maintenance costs, is included in Exhibit 1. The exact fee would be determined when a PPP zone is created and would be based on the size of the zone and the composition and number of residential and commercial properties. As with programs in other cities, having a parking permit would not guarantee an on- street parking space for all permit holders. The following permit types are recommended for the PPP. 1. resident permits The number of resident parking permits to be issued to each residence will be determined by the parking conditions within each zone and set forth by resolution of the city council. The resident parking permit would not be transferable between vehicles. Staff estimates that the costs for a residential parking permit would range from $30 to $60 per vehicle per. year. The cost for a typical parking permit in other Bay Area jurisdictions is about $40per permit. 2. Business permits Preferential parking permits may, in addition, be issued for each business address that actively engages in business activity within the designated preferential parking zone if it has no off- street parking lot. The number of business parking permits to be issued to each business for which application is made shall be determined by the parking conditions within each zone and set forth by resolution of the city council. The permits must be associated to a vehicle owned, leased, or under the continuing custody of a person who is employed by or is a representative of a business located within the preferential parking zone. Staff estimates that the costs would range from $30 to $60 per permit per year. Honorable Mayor and Members of the City council April 5, 2011 Page 4 of 6 3. Visitor permits —Two types of temporary visitor permits would be provided for each dwelling unit at an additional cost. Short -term permits will be valid for one day, while long -term guest permits will be valid for one to four weeks. The number of daily or weekly guest parking permits to be issued to each residence for which application is made shall be determined by the parking conditions within each zone and set forth by resolution of the city council. Staff estimates that a one -day permit would be available for approximately $2.50 per permit, and weekly permits would be available for approximately $15 per permit. Residents and businesses will be able to receive the permits in person at the community Development Department's (CDD) Central Permit office or online through the city's web site. Visitor permits will be available only through the City's web site. Permit Exemption Tours All approved PPP zones will require the installation of signs prohibiting parking during certain hours. The specific times of day that permits would be required for vehicles parking on the street would be determined as part of the city council resolution. PPP zones typically operate from 3:00 a.m. to 6:00 p.m., Monday through Saturday. Staff recommends that the parking restrictions in a preferential parking zone be no more than two hours. Accompanied by enforcement, this should effectively prohibit business employees, patrons, and commuters from parking for extended periods in the residential neighborhoods designated as part of the PPP zone. Staffing Requirements Staff from several departments would be required to implement the program. Based on discussions with other jurisdictions, administration of the PPP is typically combined with the processing of other permits, and enforcement is conducted as part of.normal traffic patrol operations, so specific staffing requirements for the proposed program are difficult to determine at this time. However, based on the information collected from the jurisdictions contacted, as well as through consultation with the Alameda Police Department and the CDD, the following staffing tasks were developed. Engineering and Maintenance Public Works Department Engineering staff would work with neighborhoods to assist with the petition process, evaluate parking usage in the proposed zone, recommend the boundaries of the zone, provide all public outreach, and prepare the City council reports and draft resolutions. This work would be done when the PPP zone is established, as well as when the boundaries of the zone are re- evaluated or modified. In addition, Public Works would be responsible for installing and maintaining the signage for the permit zones. Honorable Mayor and April 5, 20 Members of the city Council Page 5 of 6 Administration Community Development Department As is typical in other jurisdictions, the central Permit office, which is already setup to receive applications and process permits, will provide this service. The CDD will determine the type of database system needed to track parking permits. online permit sales and renewals could reduce the projected costs for permit processing. Enforcement Alameda Police Department The enforcement component of a PPP is typically implemented as part of other parking enforcement activities. As a result, jurisdictions that were contacted regarding their programs were unable to provide a specific cost for this portion of their program. The Alameda Police Department estimates that a traffic technician working approximately 15 hours per week could meet the enforcement needs for one permit parking zone, assuming a posted two -hour parking restriction. FINANCIAL IMPACT The total annualized cost to create a PPP zone is estimated to be $45,150 (Exhibit 1). This cost includes establishment, administration, enforcement, and maintenance of an individual PPP zone and will be completely recovered through the permit cost and will be reviewed annually to ensure that the permit cost adequately covers expenses. The one- time costs associated with the program, including the development of program handouts, a standard petition, tracking system, and the purchase of a parking enforcement vehicle, as needed, will be funded through the Parking Meter and In -Lieu Parking Fee Funds. These costs are estimated to be $31,000. Staff estimates that revenue from citations (about 525 citations issued for $1 9,950) and the purchasing of permits will be sufficient to fully cover the costs of the PPP. Staff assumes 00% of the residents per zone will participate and permits will cost $40 each. Should more residents participate or more citations be issued, the permit cost would be less. Typical costs for a parking permit in the Bay Area are approximately $40. There will be no impact to the General Fund. MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE This project supports the General Plan objective 4.2.5 "Manage both on- street and off street parking to support access and transportation objectives," and the General Plan Policy 4.2.5.a: "consider a fully- funded on- street permit parking program in neighborhoods with chronic parking problems and new developments ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), the preferential parking permit program is Categorically Exempt under CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations. Honorable Mayor and Members of the City council RECOMMENDATION April 5, 2011 Page 6of6 Introduce an Ordinance to amend the Alameda Municipal Code by repealing Section 12 -17 (Preferential Parking Zones) of Article III (Permit Parking) of Chapter XII (Designated Parking) in its entirety, and by adding a new Section 12 -17 (Preferential Parking Zones) to establish a citywide permit parking program. By: F Obaid Khan Supervising Civil Engineer Approved as to funds and account, Fred Marsh Controller Exhibit: 1. PPP cost Breakdown Exhibit 1 Estimated one -Time Costs to Establish Preferential Parking Permit Program. (Ci Category Task Estimated Cost Publicity Web site, press release L000 Develop program l materia Program handout, petition and application fo s, p its and tracking system fo p erm i t s 2,000 Develop and approve guidelines L500 Enforcement Purchase vehicle $26,500 TOTAL $31,000* Paid from In -Dieu Parking Tee Fund and P arlang .Meter Fund Estimated One-Time Costs to Establish. an Individual PPP Zone Category Task Estimated Cost Engineering Correspondence, review petition 2,000 TO'T'AL District evaluation 3 Potential appeal 1 MOO hra.plenentation City Council Report /Resolut 1 1 000 Signage 7 Postage 500 Contingency 500 SUB-TOTAL $15 't Costs to be annualized over seven years (assume $2,150 per year) Estimated Annual Costs to Administer an Individual Six -Block PPP Zone Category Task Estimated Cost Administrati Permit Center Process permits (10 minutes per permit) $20,000 TO'T'AL Printing 2 Postage 500 Enf f o�ce� e Zt Parking teclmician (approx 15 hours per weep p zone) P $201000 Contingency 500. SUB -TOTAL $43,000 GRAND TOTAL ANNUAL COSTS $45 Estimated Annual revenue for an Individual Six -Block PPP Zone Source Amount Citations $19 Permits 630 Permits cr $40/permit $25,200 TO'T'AL $45,154 Ci ty C ounci l Exh t o A Item #6-B CITY OF ALAMEDA ORDINANCE NO. New series R olm AMENDING THE ALAIII'IEDA MUNICIPAL CODE BY REPEALING SECTION 12-17 (PREFERENTIAL PARKING ZONES OF ARTICLE III (PERMIT PARKING) OF CHAPTER .XII (DES IGNATED PARKING) IN ITS ENTIRETY, AND BY ADDING A NEVI! SECTION 12 (PREFERENTIAL PARKING ZONES) TO MODIFY THE PROCEDURES RELATING TO TIDE DES I C]"INA T I O N OF PREFERENTIAL PARKING ZONES BE IT ORDAINED by the Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by repealing Section 12 -17 (Preferential Parking Zones) in its entirety and by adding anew Section 12 -17 (Preferential Parking Zones) to read as follows: i PA VA 41 12 -17.1 Purpose. The Preferential Permit Parking Program is enacted to .mitigate :the serious adverse effects of motor vehicle congestion associated with lon g term and nonresident motor vehicle parking in residential areas which rake it difficult for residents to locate on- street parking within their neighborhood. The provisions of this Section set forth procedures for the establishment of Preferential Permit Parking areas within the City. 12 -17.2 Legislative Findings. The City Council .finds that .the continued vitality of the Cit y of Alameda depends on the preservation of its safe, healthy, and attractive neighborhoods and other residential areas therein. The Council further finds that there ex ists inadequate on street parking to accommodate. the convenient arkin of .motor p g vehicles by residents in the vicinity of their homes, owing to long term on- street parking and /or parking by non residents. Moreover certain parking g ereraors" within the City, such as .hospitals€ schools, shopping and ens Icy rent centers p y commercial districts, and locations convenient for commuter parking; increase parking demand in these areas which further exacerbates neighborlload arkir p g issues. The spillover of long-term. non�- residential parking int adjacent residential zones: (a) Displaces residential parking creating an excessive and undue burden upon their residents and detracting from the safety, health, and attractiveness of their neighborhoods. Introduction of Ordinance #6 -B 04-05-11 (b) Negatively Impacts the city of Alameda's ability to efficiently manage commercial area parking. A system of preferential permit parking will serve to alleviate the burdens upon residents of the city and.thus promote the general public welfare. 12 -17.3 State vehicle Code Provisions. The provisions of this article are expressly enacted under California Constitution Article Xl, section 11, together with provisions of the California Vehicle Code, as amended. The provisions set forth in the Vehicle code shall govern whenever this article falls to set forth any specific provision. 12-17.4 Definitions. As used in this section: (a) "Business" shall mean an enterprise or establishment. used for the purpose of conducting business located in a Preferential Parking Zone. (b) "Dwelling Unit" or "Residence" shall mean a house, apartment, condominium, or other type of residence, in .conformance with the .City`s Zoning Ordinance. Apartments or other type of residence having numbers or letters assigned in addition to the street address shall be deemed a dwelling unit. {c} "Guest" shall mean any person visiting a dwelling unit. located in a preferential parking zone. (d) "Guest Permit" shall mean a permit issued by the City of Alameda to residents of preferential parking zones, limited to use by guests of the resident within the zone .to which it is issued. (e) "Motor Vehicle" shall include any licensed automobile, truck, recreational vehicle, motorcycle, or other motor- driven form of transportation.. (f) "Parking Permit" or "Preferential Parking Permit" shall mean any valid resident, merchant, or guest, permit issued by the city of Alameda. (g) "Parking Generators" shall mean .land uses that generate significant parking demand. Such land uses may include but are not limited to; schools, offices, shops, restaurants, movie theaters, and .hospitals. (h) "Preferential Parking zone" shall mean a residential area with streets and boundaries designated by a City Council resolution wherein vehicles.. displaying a valid permit shall be exempt from parking restrictions established pursuant to this Section. (i) "Qualified Petition" shall mean a City of Alameda approved petition that represents at least fifty -five percent (55°/x) of the households on a block segment. Each household shall have one vote whether owner or. renter occupied. "Resident" shall mean any person eighteen (18) years of. age. or older whose residential or business address is in the designated Preferential larking Zone. (k) "residential Area" shall mean any area of the City that is predominantly residential with at least eighty five percent (85 of addresses designated as residential dwelling units. (l) "Spillover Parking shall mean a parking demand that is not satisfied by the parking supply from the area that created the parking demand. 12 -17.5. Parking Priviieges.for Permit Holders. Any motor vehicle properly displaying a valid preferential parking permit for a street within a preferential parking zone .r ay park on that street .during the hours when parking on such street is prohibited to nonpermitted vehicles. Except as otherwise provided in this section, all other motor vehicles parked within a preferential parking zone shall be subject to the parking restrictions and penalties as provided in this Section. A preferential perking permits hall neither guarantee nor reserve to the holder. thereof any particular on- street parking space. A permitted vehicle shall obey all other parking rules, regulations, and restrictions. 12 -17.6. Designation of Preferential Parking zones; Dissolution of Preferential Parking zones (a) The City Council may, by resolution, and at its discre ion .or upon receipt of a petition signed by at least fifty -five percent (55 of the dwelling units and businesses within a residential area, designate that area or areas to be a preferential parking zone. (b) A preferential parkin zone shall be created onl where.the Cit Council has found that unrestricted parkin creates a situation in which the streets cannot be used for parkin b the residents or their g ue st s and that such unrestricted parkin substantiall and unreasonabl re interfe.res with the use of 85% of the available public street parkin (c) Residents of an residential area ma petition the Cit of Alameda.Public Works Department to add or to remove areas f the Cit pref par kin pro To add or remove an area residents of the area must submit a g eneral petition of interest representin at least fift per (55.%) o f the residences of the area in support of or in .opposition to a preferential parks g pro Based on the petition, the Public Works Dep a rtment will eva .ua lh e Cit abilit to serve the area. a include a wider ran of adjacent streets or street se .in .the pro area .t.hat represent. p o t e ntia I spillo parkin impacts. Residents and b of the proposed :.are gill be notified of the proposed preferential.. parkin pro at least t hirt y 3o} d a ys prior to its implementation. d Residents Ma Submit a q ualified petition to re addin 9 a street se to an existin pro area. These petitions: must be submitted to the Public Works Departm which will evaluate.1he '.a to serve the area. Residents of the. proposed street .s will be g iven at least thirt (30 da notice prior. to implementation.of the prefere parkin pro (e) The desi process set. forth in this Section shall. be utilized b the Cit Council in determinin whether to dissolve a preferential park.ing zo. 12-17.7 Criteria To Be Used When Desi A Preferential Parkin .Zone. The criteria for de s i g nation .a .a Preferential Parkin zone shall include, but not be limited to, the followin determinations: (a) Whether a proposed Zone is of. sufficient si to support. the on- operation, mainte and enfor so .that n o su by the Cit General Fund is re (b) The proximit of the proposed Preferential Parkin Zone to parkin g enerator(s c The proposed Zone's on-street parkin occupanc durin peak hours; (d) Whether the proposed Zone is predominantly residential with at least eighty -five percent (85 of the addresses designated as residential dwelling units; (e) Whether the alternative solutions are not feasible or practical; and (f) Whether the area includes both sides of the street in any block. 12-17.8. Installation of signs. The preferential parking designation shall not apply to any specific street within the zone until a sign giving adequate notice thereof has been installed on that street. The Director of Public Works Department will cause the .installation of such signs on the streets in preferential parking zones, in an order and .timing in his or her discretion according to sound traffic engineering principles, indicating that there is no or limited time parking between specified hours except for vehicles which display a valid preferential parking permit. 12- 17.9, Establishment and Enforcement of Fours. Preferential parking referenced in this section. shall. be in..effect and enforced on such days of the week and during such time. periods as shall be determined by the City Council and established by resolution, based upon sound traffic engineering principles, traffic investigation, and surveys made, and shall be posted upon such streets. clothing in this section shall be construed as permitting parking during times or hours. or by type of vehicle otherwise prohibited .in the Alameda Municipal Code or by and provision of state law. 12 -1 7.1.0. Preferential Parking Permit Application .and Issuance.. (a) Parking permits for preferential parking zones shall be issued by the Director of Community Development Department or his /her designee. (b) The City shall make available preferential parking permit applications and shall issue permits upon proper application therefor. Each application and reapplication shall be on a form provided by the City and shall contain sufficient information to satisfy the City as to the identity the applicant including: the address and daytime telephone number of the applicant; the applicant's driver's license number; the license number, make, model, and year of the vehicle; proof of current vehicle insurance and current registration; and such other information as deemed necessary by the City. Permits shall be issued within thirty (3o) days of the City's receipt of a complete and conforming application. (c) Each application, reapplication, and renewal application shall be accompanied by the nonrefundable fees specified by resolution of the city Council. (d) Parking permits shall not be issued to any person who has outstanding parking tickets. (e) Parking permits become invalid and shall be returned to the city when the per�mlt holder moves out of a preferential parking zone. 12- 17.11. Resident Parking Permits. (a) The number of resident parking permits to be issued to each residence for which application is made shall be determined by the parking conditions within each zone and set forth by resolution of the city council. Resident parking permits are issued to the resident for the resident's vehicle. The resident parking permit is not transferable between vehicles. The resident permit is valid for one year after the date of issuance. (b) Resident parking permits shall be affixed to the inside bottom left of the front windshield or hanging from the rear view mirror. 12-17.12. Guest Parking Permit [wily or 'Meekly. (a) The number of daily or weekly guest parking permits. to be .issued to each residence for which application is. made shall be determined by the parking conditions .within each .zone and .set forth by resolution of the City Council. Two types of temporary guest. permits shall .be available for. residents at an additional cost. short -term permits shall be. valid for one day, while long -term guest permits shall be valid for one to four. weeks. The east of the guest permit shall be established by the city council resolution that creates the Preferential Parking Zone. Daily guest permits .are valid only on the day fo hich .they are issued and shall expire at 8:00 a.m.. following the effective .date thereof.. Guest parking permits are to be used. only by .a resident's guests. (b):Daily guest parking permits shall be displayed by hanging the same from the. rear view mirror. 12- 17.13. Business Parking Permits. Preferential Parking Permits fray, in addition, be issued for each business address that actively engages in business activity within the designated Preferential Parking Zone and has no off street parking lot for use by its employees. The number of business parking permits to be issued to each business for which application is made shall be determined by the parking conditions within each zone and set forth by resolution of the city council. The permits must be associated with a vehicle owned, leased, or under the continuing custody of a person who is employed by or an agent of a business located within the Preferential Parking zone. 12- 17.14 Limits on the Use of the Permits. The establishment of a Preferential Parking Zone and the receipt of a Permit pursuant to this Section do NOT: 1. Guarantee or reserve to the holder thereof an on- street parking space within the designated Preferential Parking zone. 2. Authorize the permit holder to leave his or her vehicle standing in the zone to which the permit applies for more than 72 hours. 3. Authorize the abridgment or alteration of regulations established by authority other than this Section. 4. Exempt the permit parking holder from other traffic controls and regulations existing in the designated Preferential Parking zone. 5. constitute a permit for, or approval of, any violation of any provision of. this code, the California Vehicle code, or any other law or regulation. For example, this permit does not exempt vehicles from..regu.latiens or laws such as those pertaining to no parking zones, including street sweeping or loading zones. 2- 17.15. Permit Content. Each preferential parking permit shall state the preferential. parking zone in which it is valid, the expiration date, and any additional information required by the city. 12- 17.15. Replacement Parking Permits. The city may issue a replacement parking permit to any personvho has qualified for and who has been .issued a parking permit under. the provisions of this section. To receive a replacement parking permit, the permit holder must furnish proof that said permit has been lost or destroyed or, if the .permit is. tlhe type that is affixed, proof that the vehicle to which the original pernnit was affixed has been transferred or disposed of, in which case. new vehicle registration must be provided. The replacement parking permit will be reissued at the standard cost of the original parking permit that it replaces. The east of the replacement permit will not be prorated. Permit holders shall report to. the city a lost, stolen, or missing parking permit within five (5) days of loss, at which time that permit shall be cancelled and a new permit issued for a replacement fee. 12- 17.17. Preferential Parking Permit Exemptions. The vehicles listed in this section may park in a preferential parking zone without a preferential parking permit: vehicles lawfully displaying a special identification license plate or placard issued to a disabled person; vehicles of disabled veterans; vehicles readily identifiable as emergency or government vehicles; and vehicles readily identifiable as commercial, delivery, service, utility, or construction vehicles while actually engaged in providing maintenance, repair, or service work to a residence or business within the preferential parking zone. 12- 17.18. Preferential Parking Permit Revocation. (a) The chief of Police, the Director of Public Works, and the Director of Community Development Department and their designees are authorized to revoke the parking permits of any person on any of the following grounds: Ineligibility for a permit at the time of the application, reapplication, or renewal application; (2) ceasing to be eligible during the term of the permit; (3) Failing to comply with or violating any condition imposed. on the issuance of a permit; or (4) Failing to comply with or violating any provision of this. Section .or any related law or regulation. Upon written notification, the permit holder shad surrender such. permit to the requesting authority. The permit shall be considered void on .the fifth day after the date of notification. Failure to. surrender a. revoked parking permit when requested shall constitute a violation of this subsection. Upon revocation, parking permit fees will not be refunded. (b) Any person whose permit has been revoked shall not be issued a new permit without reapplying and establishing eligibility pursuant to this Section. (c) The action of the chief of Police, the Director of Pub.lic Works, or. the Director of Community Development. Department, or their designees, to revolve a parking permit may be appealed to the city /Manager or his/her. designee. Notice of such an appeal shall be filed with the city clerk within ten (10) after. the revocation. If such an appeal is timely filed, revocation shall be stayed until the City Manager or designee's decision is made. Upon failure of .the permit holder to file such notice within the ten (1 0) day period, the action of the chief of Police, the Director of Public works, or the Director of Community Development Department shall be final and conclusive. The hearing on the appeal shall be conducted pursuant to rules and procedures established by the City. The city Manager's determination shall be the city's final and conclusive deterrnination.on the matter and shall be subject to review only as provided in the California code of Civil Procedure. The failure of the permit holder to appeal as provided in this Section shall be considered an exhaustion of their administrative remedies. 12-17.19. Parking Permit t Fees. The parking permit fees for all city parking permit programs shall be established by resolution of the city Council. separate rates may be established for different permit types and /or permit locations. 12- 17.20. Permit Parking Penalty Provisions. It is unlawful and a violation of this Section to do any of the following, which violations shall be subject to the civil parking penalties established by the City Council: (a) Unless exempted by the provisions of subsection 12- 17.17, r o person shall stand or park a motor vehicle in any preferential parking zone in vie n of any parking restrictions established pursuant to this section. A violation of this subsection shall constitute an infraction which shall be punishable by a fine established by resolution of the City Council. (b) No person shall falsely represent him or herself as eligible for a parking permit or furnish false information to the City in an application for a preferential parking permit. c) No permit issued pursuant to this Section shall thereafter be assigned, transferred, or used for any consideration, monetary or otherwise. {d} No person shall copy produce, create a facsimile of or counterfeit a parking permit, nor shall any person use or display a facsimile or counterfeit preferential parking permit. (e) No person shall held a valid parking permit and allow the use or display of such permit on a motor vehicle other than that for which the permit was issued. such conduct shall constitute an unlawful act both .by the person who holds the valid parking permit and the person who displays the parking permit. No person shall alter or deface a parking permit or intentionally conceal an expiration date or otherwise attempt to present false information as true and genuine on the face of a parking permit which is displayed in a vehicle parked on a city street. (f) No person shall improperly display or fail to display a .parking permit required and issued pursuant to this section. (g) It shall be the sole responsibility of the owner, operator, manager, or driver of a vehicle for which a parking permit has been issued to become familiar with the provisions for and limitations on the use of the parking. permits. Ignorance of these provisions and limitations shall.not be claimed as.a defense in any action brought for illegal or improper use of the parking permit. and shall not be sufficient grounds to void any citation issued for any violation of this Section. 12 -17.21 Authority of city staff. (a). The Public Works Director shall have the authority to promuIgate rules and administer policies designed to implement the Preferential Parking program as set forth herein. (b). The Director of the Community Building Department shall have authority to promulgate rules and administer policies. designated to implement the collection of fees and issuance of permits .for. Preferential Parking program as set forth herein. (c). The Police chief shall have the authority to enforce the rules and regulations established pursuant to this section. Section 2. If any section, subsection, sentence, clause or .phrase of this ordinance is, for any reason, held invalid or unconstitutional, such .decision shall not affect the validity or constitutionality, of the remaining portions of this ordinance. The city council of the city of Alameda herby declares that it would have passed this ordinance, and each section., subsection, sentence; clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.. Section 3 This ordinance shall be in full force and effect from and after expiration of thirty (30) days from the date of its final passage. Presiding officer of the council Attest: Lara Weisiger, city clerk City of Alameda 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 2011, by the following gate to wit: AYES: NOES: ABSENT: ABSTENTIONS. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this day of 2011. Lara Weisiger, City clerk City of Alameda CCTV OF ALA EDA Memorandum To: Honorable Mayor and Members of the City council From: Lisa Goldman Acting City Manager Date: April 5, 2011 Re: Provide Direction on Improving the City of Alameda's Secondhand Smoke and Tobacco control Policies BACKGROUND California has long been considered a pioneer with its statewide initiatives to reduce the harmful effects of smoking. The 1988 passage of Proposition 99, the Tobacco Tax and Health Protection Act, imposed a 25 cent per pack cigarette tax and created statewide programs to reduce smoking. By 1993, local jurisdictions throughout the state. had enacted smoke -free workplace ordinances that protected nearly two- thirds of California workers. The success of local tobacco control legislation helped inform the 1994 creation and passage of Assembly Bill (AB) 13, the California Smoke -Free Workplace Act. This landmark bill created a 100% smoke -free environment for most workplaces. The passage of AB 13 was heralded as a groundbreaking replacement for a "patchwork of local laws," but it was also criticized for its negative effect upon local.. tobacco control initiatives because it was limited to workplace protections. In addition, its passage created the perception that local legislation was no longer necessary. In researching this issue, staff discovered that many cities over the last several years have started to implement additional protections beyond those provided by state law. DISCUSSION Local governments that have chosen to enact tobacco control ordinances that are stronger than the protections provided by the state have generally focused their efforts in .four areas: protections for indoor or enclosed places; protections for outdoor public places; secondhand smoke housing policies; and regulation of sales. (Exhibit 1 describes the tobacco control policies in place in Alameda county cities.) Recently, the community has expressed interest in improving the city of Alaimeda's secondhand smoke and tobacco control policies. Rather than presenting the city Council with an ordinance that might not meet the City Council's interests in this area, staff thought it prudent to request the city council's policy direction regarding each of the four potential areas for regulation. Staff relied on several sources to compile the information below, including the Public Health Law and Policy's Technical Assistance Cit Council A 04- Honorable Mayor and April 5, 2011 Members of the city Council Page 2 of 8 and Legal center, the American Lung Association's center for Tobacco Policy and Organizing, and Alameda County's Tobacco Control Program. Protections for Indoor or Enclosed work Places AB 13, codified in Labor Code section 0404.5, prohibits smoking in most indoor workplaces, but exempts certain workplace environments. Most other cities in Alameda County have acted to extend protections to cover these areas. A comprehensive secondhand smoke ordinance would eliminate the exemptions to cover all enclosed workplace environments, as well as other enclosed places that are open to the public. Examples of enclosed public or workplace environments where protections can be extended include: Private residences used as licensed child care and health care facilities Taxicabs 0 Tobacco retailers /smoking lounges /hookah bars Truck cabs Hotel lobbies Rooms in hotels /motels (by increasing the required number of smoke -free rooms; state law requires 35 Banquet rooms (hotels) Warehouse facilities 0 Small businesses with fewer than six employees 0 owner -only workplaces that are open to the public Public places such as sports arenas or convention halls Protections for outdoor Public Places There are numerous studies concluding that secondhand smoke is harmful to individuals, including a report from the California Air Resources Board declaring secondhand smoke as a toxic air contaminant and a report from the U.S. surgeon General stating that there is no risk -free level of exposure to secondhand smoke. A 2007 study conducted by researchers from Stanford University found that outdoor secondhand smoke exposure can be comparable to indoor secondhand smoke levels when an individual is near a smoker outdoors. Many cities throughout the state have used these compelling healthcare studies as the basis for implementing smoking prohibitions in outdoor public places. most of the cities in Alameda county have extended some level of protection from secondhand smoke to outdoor public places. Eighty -three cities and counties in California have passed ghat are considered to be comprehensive outdoor secondhand smoke ordinances, including locally the cities of San Leandro, Dublin, Hayward, Albany, Berkeley, and Emeryville. Two approaches have been generally accepted as the best methodologies to implementing a comprehensive outdoor secondhand smoke ordinance. The first approach, known as the "inclusive approach," legislates a complete ban on smoking in Honorable Mayor and April 5, 2011 Members of the city council Page 3 of 8 all outdoor public places. Three cities in Southern California have adopted this type of ordinance. The second approach, known as the "listing approach," targets seven key outdoor areas for protection. The seven areas targeted for protection under the listing approach include: 1. Dining areas: defined as outdoor seating at restaurants, bars, etc. 2. Entryways (reasonable distance): defined as within a certain distance of doors, windows, and other openings into enclosed areas. 3. Public events: defined as farmers' markets, fairs, concerts, etc. 4. Recreation areas: defined as parks, trails, sports fields, etc. 5. Service areas: defined as bus stops, ticket lines, ATM lines, taxi stands, etc. 0. Sidewalks: defined as public sidewalks in downtown shopping and business areas. 7. Worksites: defined as any outdoor working area, such as construction areas. Under the listing approach, the protections extended to these seven targeted areas must go beyond any protections currently offered by state law, which prohibits smoking within 20 feet of the main entrance, exits, and windows of government buildings, and within 25 feet of tot lots and playgrounds. To be considered as a comprehensive secondhand smoke policy by policy advocates, five of the seven areas targeted for protection must be included in the ordinance. Other provisions that may be included in an ordinance regulating smoking in public places include: Requiring that No Smoking signs be posted Prohibiting the placement of ash cans and ashtrays Requiring commercial property owners and managers to prevent patrons and guests from illegally using tobacco on their premises Secondhand Smoke Housing Policies Smoke in multi -unit housing poses health problems for nonsmoking residents through the drifting of smoke from neighboring units, balconies, and outdoor spaces. The Surgeon General has determined that the dangers from secondhand smoke cannot be controlled by ventilation, air cleaning, or the separation of smokers from non smokers. Several studies have concluded that smoking in multi -unit housing also contributes to higher maintenance and insurance costs. Many cities in California have begun to address the health dangers and additional costs related to secondhand smoke by implementing secondhand smoke housing policies. As of January 2011, 101 communities in California have adopted some form of secondhand smoke housing policy, including the neighboring cities of Albany, Dublin, Oakland, Emeryville, and Union City. In 2008, the ,Alameda Housing Authority (AHA) Honorable Mayor and April 5, 2011 Members of the city council Page 4 of 8 adopted a smoke -free housing policy that has become effective in about one -half of the complexes owned or managed by AHA. The AHA's policy will be phased in for the rest of AHA's complexes during 2011. Secondhand smoke housing policies are complex because the provisions necessary to implement a secondhand smoke housing policy are varied. Generally, the provisions of a secondhand smoke housing policy can be broken up into three policy areas: common area prohibitions, individual unit prohibitions, and the size and type of multi -unit housing to be regulated. Common Area Prohibitions Most housing policies include a prohibition on smoking in both indoor and outdoor common areas, except for areas designated for smoking that meet certain criteria. Provisions for outdoor buffer zones are also another important aspect for determining where smoking may be prohibited. Buffer zones protect tenants from drifting smoke from adjacent areas that can include balconies, patios, and decks that are within a "reasonable distance" of enclosed areas where smoking is prohibited. Individual Unit Prohibitions Restricting smoking within individual rental units is an important consideration when drafting secondhand smoke housing policies. The American Lung Association supports prohibiting smoking in 100% of multi -unit rental housing due to the public health impacts of secondhand smoke, but recognizes that public policy makers must also consider the privacy rights of smokers and the logistics surrounding the implementation of secondhand smoke housing policies. some cities use a tiered approach to. secondhand smoke housing protections by requiring that new complexes be l00% smoke -free, while permitting existing complexes to allow for a certain percentage of smoking units. A 2009 report from the California Department of Public Health revealed that 13.1% of Californians are smokers, down from 22.7% in 1988. Policy makers are encouraged to consider the percentage of non smokers and the increased costs associated with maintaining smoking units when determining the percentage of new and existing units that shall be smoke -free. other provisions that support the implementation of secondhand smoke housing policies include reasonable phase -in periods and the clustering of smoking units so that secondhand smoke exposure is limited as much as possible. The Size and Type of Multi -Unit Housing Regulated The minimum size of the multi -unit housing complex upon which to impose secondhand smoking regulations needs to be determined. The size of complexes that are regulated vary by city, and often depend on the other types of provisions that are included in the ordinance. Exhibit 2 is a summary of California cities with smoke- -free housing provisions that demonstrates hover regulatory provisions can vary by city. As shown in Exhibit 2, the minimum thresholds at which regulations are imposed by other cities Honorable Mayor and April 6, 2011 Members of the City Council Page 6 of 8 include: two units, four units, ten units, and up to 16 or more units. The City of Dublin chose to regulate complexes with 16 or more units since state law requires on -site resident managers for complexes of this size. The following table identifies the number of multi -unit housing complexes in Alameda, organized into categories by the size of the complex. The table also identifies the number of complexes in each category, and the number of residential units contained in each category. Size of Complex Number of Complexes Dumber of Units 2 Units 1 ,361 2702 3 to 6 Units 1, 266 5 7 to 16 Units 262 2 16 Units or L.ar er 660 8,912 Total 3 19,050 The rights of condominium owners (both nonsmokers and smokers) pose a difficult challenge for policy makers because the regulatory avenues used to mitigate the dangers of secondhand smoke in rental housing, i.e. the clustering of smoking units, is not as practical for condominiums, since they are individually owned. options .available to policy makers to extend secondhand smoke protections to condominium complexes include: 0 Prohibiting smoking in common areas 0 Establishing reasonable distance provisions 0 Requiring the disclosure of smoking units and areas at the time of sale and leasing of a condominium unit Declaring secondhand smoke a nuisance Ten cities in California have declared secondhand smoke to be a nuisance. A nuisance declaration makes it easier for an individual to seek the redress of grievances through the civil court system, because a nuisance declaration lessens the burden of proof.for an individual seeking private civil action. In the housing context, declaring secondhand smoke a nuisance is helpful because it eliminates the need to prove that some particular level of exposure has occurred and then to prove that such exposure is an unjustified intrusion or hazard. Other provisions that can be included in a secondhand smoke housing ordinance include: Requiring no smoking lease terms in rental agreements Requiring landlords to disclose where smoking is allowed, including which units Requiring landlords to submit diagrams of smoking and nonsmoking units to City officials Including motels and hotels with long term lodging policies Honorable Mayor and Members of the City Council Regulation of Tobacco Sales April 5, 2011 Page 6 of 8 The California Department of Public Health reports that three out of four adult smokers started using tobacco before the age of 18, and considers the limitation of youth access to tobacco as a critical component to improving public health. Many communities in California are regulating the location and operation of tobacco retailers as a way to reduce the illegal sale of tobacco to minors. Tobacco retail licensing laves and land use controls are being credited with helping to reduce the illegal sale of tobacco to minors. The California Department of Public Health revealed that only 7.7% of retailers surveyed in 2010 sold tobacco to minors, down from 8.6% in 2009, and 12.6% in 2008. When the state began monitoring in 1995, the minors participating in the survey were able to buy tobacco products during 37% of tobacco purchase attempts. Tobacco Retail Licensing Under the Cigarette and Tobacco Products Licensing Act of 2003, businesses that sell cigarettes and tobacco products in California are required to have a state issued retailer's license. License holders are responsible for ensuring that they display their license, maintain accurate sales records, and allow inspection of these records. It is illegal under state and federal lave for retailers to sell cigarettes or tobacco products to minors. Many cities in California have adopted local licensing programs as an additional mechanism for enforcing federal and state tobacco control laves. As of December 2010, 109 cities and counties in California have adopted local tobacco retailer licensing ordinances. Four elements are available as policy options when crafting a tobacco retail license program: 1. Requiring all tobacco retailers to obtain a local license and renew it annually 2. Providing that violations of any federal, state, or local tobacco control laver is also a violation of the license 3. Authorizing suspension or revocation of the local license for any violation of the license terms, and identify a dedicated enforcement agency 4. Establishing a sufficient license fee to fund all costs of administration, implementation, and enforcement ofthe license The fourth element, establishing a sufficient license fee, is particularly critical to the adoption of an effective licensing ordinance. Licensing fees are permissible but are limited to the actual costs associated with necessary government regulation. Fees charged by other cities for ordinances containing all four policy options average $300 per year, with the highest fees ($1500) charged by the City of Oakland. The fee structure established by those jurisdictions with local licensing regulations does not Honorable Mayor and April 5, 2011 Members of the City Council Page 7 of 8 arrays represent a full cost recovery of administering this type of program. Currently, there are 67 retailers with state issued tobacco licenses in the City of Alameda. .and Use Options Municipalities may restrict the location and type of tobacco retailers and their permitted purposes through the use of zoning ordinances and conditional use permits. Currently, the City's zoning code prohibits primary tobacco retailers in the Community Commercial Zone (Webster and Park street business areas) pursuant to subsection 30- 4.9A(b)(2) of the Alameda Municipal Code (AMC). Additional policy options available include. Amending the AMC to specifically prohibit primary tobacco retailers in all zones Clarifying the definition of primary use vs. accessory use Establishing conditional use permits for new tobacco retailers (with accessory use) Exploring regulatory options for existing tobacco retailers Setting limits on the number of new tobacco retailers and where they can be located, i.e. within a certain distance of schools, parks, retail districts, etc. Education and Enforcement Compliance is considered a strong measure of secondhand smoke and tobacco control policies, and the key to successful compliance is education and enforcement. Secondhand smoke and tobacco control lags are typically corn plaint- driven and self enforcing. ordinances that contain some sort of educational component, where the public is informed about the relevant regulations, are particularly helpful in instances where regulations are supported by self enforcement. Education material and grant funding is available from Alameda County and smoke -free advocacy groups like the American Lung Association. Education options available to cities seeking to implement secondhand smoke and tobacco control policies include: Public meetings and legal notices 0 Community informational meetings Publishing of articles 0 Letters to affected businesses 0 Creation of information page on city website and government channel 0 Posting of public signs i Creation of marketing material, brochures and stickers There are several methods that local governments can use to enforce secondhand smoke ordinances. These include civil, administrative, and for example, sales of tobacco products to minors, criminal enforcement. Pursuant to the Alameda Municipal Honorable Mayor and Members of the city council April 5, 2011 Page 8 of 8 Code, the sale of tobacco products to minors is a misdemeanor. Examples of enforcement options available include: Designating specific personnel to enforce the ordinance, such as the City Attorney, city Manager, Police chief, or code Enforcement Declaring that violations based on illegal smoking be considered an infraction or misdemeanor with fixed fine amounts of no more than $100 (maximum penalty under state law) for first violations Declaring that any violation of the ordinance is an infraction Allowing the city to file civil actions for violations Declaring that secondhand smoke constitutes a nuisance As stated, by declaring that secondhand smoke is a nuisance, private methods of enforcement through the civil court systems also become available. FINANCIAL IMPACT There is no financial impact associated with providing policy direction to staff on tobacco control ordinances. Existing resources in the city Manager's office, city Attorney's Office, and Finance Department will be sufficient to enable staff to draft ordinances based on the city council's direction. RECOMMENDATION Provide direction on improving the city of Alameda's secondhand smoke and tobacco control policies. Respectfully submitted, Terri Wright Senior Management Analyst Exhibits: 1. Tobacco control Provisions in Alameda county cities 2. California cities with Smoke -Free Housing Provisions Exhibit I ti, 0 0 M E 0 0 0 LM a. Ommm 0 L. -W C 0 0 0 fl 0 T) 0 LM GL 0 L -Iwo c 0 0 A Iter 0 0 LO 0 E C V (n Ch 04 0 0 L- 0 UO 0 C/) LO 0. 0 ia C CL CL 0- M C%4 0 0 0 0 0 CD CL cn 0 0 CL 0 0 LO E Se .0 Ch 0 tr) 0 QL CL 0 (D U) 0 LO 0 0 0 C\j CL L ct� U i 0 CL C/) 0 0 Q- 0 0 r_ 0 c 0 c 0 0 CL 0 CL C c 0 0 0 E 0 C c i. 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(1) to W. to 0) (n C) -0 U) U). U). to U) U): W V). (D tn. 0 Z Z tn I 0 Z 0. Z (1) tn (D.. X to CL E N C Nf.. N N. C\J. "Zt. N C\I.. Ill- N C.O.. N N (N. N C\I 0 U 0 C>. C) 00 0 a) w. 0 C\I. C). 0 0 0 0 C) CD 0) 0 0 0. 0 1 (N. OD C CD OD. 0 M 0 CD C); C14. CD. (N C1 0 (N Chi' N. CN' L: u:. 0 N tCi E E Z3 0. C3): �5. a. C rZ cu 0 0. Cit Council >1 Exhibit 2 to 0! A item #7-A 0 Ly C 04-05-11 >1 cu U 0 05 CO N W: U) cu.. C C C C M 0 0 cu -C 0 0 0. 03 (D u7 U U) U). CL a- I7C CC M XTERNAL CORRESPONDENCE ��v L.ara welsiger non smoKi or ainance ra I From: Merle Yost <merle @myost.com> To: <Iweisige@a ci.alameda.ca.us> CC: Adrian Blakey <adrianblakey a@gmail.com> Date; 3/31/2011 2:32 AM Subject: non smoking ordinance Alameda Mayor and City Council, I have learned that the Mayor and City Council will be considering a non smoking ordinance for Alameda. I have lived in Alameda for 7 years and the East Bay for 22 years. In August 2099 1 bought a condo in Alameda on shoreline Dr. in the Capri Condos. What was not disclosed to me at the time by the owners was that the owners of the unit below me smoked and smoked a lot. The unit that I bought was so dirty and fowl smelling that it was not until after I cleaned up the unit and moved in, that I discovered that my unit was frequently flooded with cigarette smoke. I brought this issue to the attention of the Capri Condo Board of Directors. All steps that could be legally taken were taken to assist me in reducing or eliminating the smoke. We even attempted to pass a no smoking rule for the entire complex that received over 50% of the vote but not the 213's necessary to become part of the CC &R's. Through inspections and efforts made on the home owners below me, the problem has been reduced but not eliminated. They now smoke on their balcony as the weather permits and it floats up and comes in my open doors or windows. Also, as the weather has not been cooperative as of late, they smoke inside and I must keep my master bathroom door closed as it often smells like a bar in the 88's. I believe it is time stop smoking in existing multi -unit buildings. There is plenty of research to back up that second hand smoke is dangerous to support this decision. It is okay if people want to smoke, I believe they should leave the premisses to do so. Smoking decreases home values, it increases health care costs. I am allergic to smoke. I seek regular medical attention that would not be necessary without the constant intrusion of smoke into my home. love Alameda and I love my home. I do my best to be a respectful neighbor and I think being a respectful neighbor is not forcing them to breath your smoke. I think it is time for Alameda to be at the fore front of stopping second hand smoke and making this a better world for everyone. Sincerely, Merle Yost, LIVIFT I �t�E!'JFf� December 27, 2010 Alameda City Council 2263 Santa Clara Ave 320 Alameda, CA 94501-4478 Dear council Members: 2M DEC 28 P I F i I am writing to ask that the Council consider adopting an anti smoking law for all apartments in Alameda. I currently live in an apartment complex in Alameda where there are at least two tenants who smoke in the common area courtyard. I have spoken to the on manager about the is sue and she advised nee that since there are no Laws restricting g smoking at the complex and no rules adopted by the management of the complex restricting smoking, there is nothing she can do. I suffer from asthma and allergies and don't think that it's acceptable to be forced to breathe in second -hand smoke just because there isn't a law or rule forcing apartment owners and managers to consider the rights of those who do not smoke. I would appreciate the council's consideration in adopting a lave prohibiting smoking in apartment complexes. Thank you, Kim ward