Resolution 12822CITY OF ALAMEDA RESOLUTION NO. 12818
ADOPTING MITIGATED NEGATIVE DECLARATION, IS-95-10, FOR
GENERAL PLAN AMENDMENT, GPA-96-1, REZONING, R-95-2, AND
A DEVELOPMENT AND DISPOSITION AGREEMENT, FOR A PROPOSAL
TO BE LOCATED AT 791 THAU WAY (ISLAND DRIVE-IN SITE)
WHEREAS, an application was made on December 28, 1995 and June
13, 1996 by Thomas Quaglia on behalf of the Riding Company, for an
Initial Study to determine the potential environmental effects that
would be associated with General Plan Amendment to delete the
specification that the site be developed with a minimum of 150
units in duplexes; a rezoning from Commercial-Manufacturing Planned
Development (C-M-PD) to General Residential Planned Development (R-
5-PD); and a Planned Development to set out the development
standards for the construction of 106 single family units; and
WHEREAS, the Planning Board conditionally approved the Planned
Development for 105 units; and
WHEREAS, a proposed Mitigated Negative Declaration was !-
circulated for public comment between July 12, 1996 and August 2,
1996; and
WHEREAS, written comments were received from East Bay
Municipal Utilities District on August 12, 1996 which advised that
the District requests that water conserving fixtures and
landscaping be used in the project and may require local
infrastructure improvements to accommodate the project; and
WHEREAS, Staff responded to these comments in a memorandum to
the Planning Board dated August 12, 1996, which indicated that the
requirement for water conserving fixtures will be required in
compliance with the Uniform Plumbing Code regulations relative to
the use of water conserving fixtures, the requirement for water
conserving landscaping will be required in compliance with the
City of Alameda Water Conservation Ordinance, Alameda Municipal
Code Section 30-59, which requires the use of water conserving
planting and irrigation methods, and the possible requirement for
local infrastructure improvements will be addressed as part of the
Tentative Map review for the project; and
WHEREAS, the comments from East Bay Municipal Utilities
District did not identify new significant impacts associated with
this project; and
WHEREAS, the project is located within the boundaries of the
Business and Waterfront Improvement Project and designated as Mixed
Use; and
WHEREAS, the Planning Board held a public hearing on this
Mitigated Negative Declaration on August 12, 1996, and examined
pertinent maps, drawings, and documents and recommended to the City
Council the adoption of the Mitigated Negative Declaration and the
associated Mitigation Monitoring Program, attached hereto as
Attachment "A"; and
WHEREAS, the City Council held a public hearing on this
Mitigated Negative Declaration on September 3, 1996, and has
examined pertinent maps, drawings, and documents and has considered
any written comments and testimony during the public hearing; and
WHEREAS, the City Council has made the following findings:
1. The project does not have the potential to substantially
degrade the quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish and
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant or
animal, or eliminate important examples of the major periods
of California history or prehistory. The site is in an
urbanized area. No habitat for threatened plant or animal
communities exist at the site.
2. The project does not have the potential to achieve short term,
to the disadvantage of long term, environmental goals. The
project will help implement the housing goals of the General
Plan and the Housing Element.
3. The project does not have possible environmental effects which
are individually limited but cumulatively considerable. All
potentially significant effects associated with this project
which have been identified will be mitigated.
4. The ,project does not have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly. The proposal is for the construction
of 106 single family homes. No significant impacts associated
with this project have been identified.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Alameda that the City Council hereby adopts Mitigated Negative
Declaration, IS-95-10, and the attached mitigation monitoring
program.
G:\CC\RES0\3IS9510
ATTACHMENT "A"
MITIGATION MONITORING PROGRAM
for Mitigated Negative Declaration (IS- 95 -10)
for the construction of 106 single family dwellings
at 791 Thau Way (former Island Drive -in site)
Transportation /Circulation
I. Impact The Traffic Study which evaluated the traffic
impacts related to this project found that it will
not affect the levels of service (LOS) at nearby
intersections, except for the Atlantic
Avenue /Webster Street where the project would
worsen the LOS during the a.m. peak from LOS C to D
by 2010. creased vehicle trips or traffic
congestion.
Mitigation
Measure:
The applicant shall be responsible for contributing
on a pro rata basis to the cost of the Tinker /Tynan
Roadway extension. The proportionate share shall
be calculated by using the project's PM peak hour
traffic increase at the Atlantic Avenue and Webster
Street intersection. To offset the increase in
traffic volumes at Atlantic Avenue /Challenger Drive
and Marina Village Parkway /Challenger Drive, the
applicant shall also contribute a pro rata traffic
share via assessment district for needed traffic
controls at Atlantic Avenue /Challenger Drive and at
Marina Village Parkway /Challenger Drive.
Responsibility: Applicant and City Engineer
Actions: 1. Prior to the issuance of any building permit for
the site, the applicant shall pay the required pro
rata cost for the Tinker /Tynan Roadway extension.
2. The City Engineer shall advise the proponent of the
pro rata share of the cost of the Tinker /Tynan
Roadway extension assigned to the project. The
Central Permits Office shall accept the payment,
and advise the Planning Department once the payment
has been received.
II. Impact: The applicant is proposing a left turn lane on the
westbound approach of Marina Village Parkway
opposite the entry into the Marina Village Shopping
Center. The Parkway has a median which will need
to be modified so that it does not encroach into
the southbound left turn from the shopping center.
1
Mitigation
Measure:
The median along Marina Village Parkway shall be
modified in the area of the Marina Village entry
into the site, to the satisfaction of the City
Engineer.
Responsibility: Applicant, City Engineer and. Public Works
Department.
Actions: 1.
The developer of the site shall include, as part of
the Improvement Plan for the entire site, a plan,
for approval by the City Engineer, which shows
modification of the median along Marina Village
Parkway entry into the site. This plan shall be
submitted prior to the issuance of any building
permit for the site. Cost of the modification,
including construction costs, shall be borne by the
applicant.
2. The City Engineer shall review the plan submitted
by the applicant and determine whether the plans
comply with his requirements. The City Engineer
shall advise the applicant and the Planning
Department of his decision.
3. City Public Works Staff shall inspect the work upon
completion to determine compliance with approved
plans.
III. Impact:
Mitigation
Measure:
The project will increase the population in the
area and the site is located in an area with
extensive walkways and bicycle lanes. Many of the
residents of the development would walk and/or
bicycle to the nearby shopping center and parks.
Site improvements, including crosswalks, stop
signs, pavement markings (PED XING, STOP) and
wheelchair ramps shall be required to provide safe
access between the project and the adjacent
shopping center, and shall be to the satisfaction
of the City Engineer.
Responsibility:
Actions: 1.
Applicant, City Engineer and Public Works
Department.
The developer of the site shall' include, as part of
the Improvement Plan for the entire site, a plan,
for approval by the City Engineer, which shows
required site improvements, including crosswalks,
stop signs, pavement markings and wheelchair ramps.
This plan shall be submitted prior to the issuance
of any building permit for the site. Cost of the
site improvements, including construction costs,
2
shall be borne by the applicant.
2. The City Engineer shall review the plan submitted
by the applicant and determine whether the plans
comply with his requirements. The City Engineer
shall advise the applicant and the Planning
Department of his decision.
3. City Public Works Staff shall inspect the work upon
completion to determine compliance with approved
plans.
IV. Impact: Construction of these 106 single family dwelling
will increase the demand for public transit.
Mitigation
Measure:
To accommodate the project's public transit demand
in the area, the applicant shall provide a bus
shelter at the existing bus stop on the south side
of Marina Village Parkway east of Constitution Way.
In order for the bus shelter to be installed, the
applicant shall move the bus stop approximately 100
feet further east to the next luminaire.
Responsibility: Applicant. and Public Works Department
Action: 1 The applicant shall provide plans for a bus shelter
at the existing bus stop on the south side of
Marina Village Parkway east of Constitution Way.
In order for the bus shelter to be installed, the
applicant shall move the bus stop approximately 100
feet further east to the next luminaire. The
Improvement Plan for the project shall reflect the
bus shelter and relocation of the luminaire. Cost
for the bus shelter, installation of the bus
shelter and site modifications, including
construction costs, shall be borne by the
applicant.
2. Public Works Staff shall inspect the work upon
completion to determine compliance with approved
plans.
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I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 3rd
day of September , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Lucas
and President Appezzato - 4.
NOES: None.
ABSENT: None.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 4th day of September , 1996.
Diane B. Felsch, City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. '12821
SUPPORTING PROPOSITION 213
(THE PERSONAL RESPONSIBILITY ACT OF 1996)
WHEREAS, many cities, counties and other local government
agencies are often subjected to lawsuits because they are
considered "deep pocket" resources; and
WHEREAS, lawsuits can be brought against local government
agencies by convicted felons who sustain accidental injuries
while committing or fleeing from a crime; and
WHEREAS, local governments must choose between defending
themselves in court at a significant cost to taxpayers, or even
though they are not at fault, settle with a plaintiff in order to
save taxpayer dollars; and
WHEREAS, in 1985 a state law was enacted to prevent felons
from recovering monetary awards for accidental, non intentional
injuries they sustained while committing their crimes; and
WHEREAS, the 1985 law exempts several dangerous crimes, such
as carjacking, resisting a peace officer, hate crimes, assault
with a deadly weapon with use of a firearm, arson and child
molestation; and
WHEREAS, the 1985 law protects only property owners, which
enables felons to recover monetary damages from innocent
bystanders, business owners, and even local governments; and
WHEREAS, under current law drunk drivers and uninsured
motorists can sue law-abiding citizens for huge monetary awards
in addition to being compensated for medical and other expenses; F
and
WHEREAS, these suits cost Californians at least $327 million
every year; and
WHEREAS, drunk drivers cost Californians in terms of lost
lives, serious injuries to family members and friends and higher
insurance premiums; and
WHEREAS, in 1994, 1,488 people were killed in crashes caused
by drunk drivers and 39,437 people were injured in collisions
involving drunk drivers; and
WHEREAS, on average, nearly 30% of all drivers on the.road
in California are uninsured, and in some parts of California, the
percentage of uninsured drivers is as high as 93%; and
WHEREAS, law-abiding citizens already pay $1 billion in
Uninsured Motorist insurance every year; and
WHEREAS, Proposition 213 will prohibit convicted felons from
suing law-abiding citizens, businesses and governments to pay for
accidental injuries they sustain while committing or fleeing from
their crimes; and
WHEREAS, Proposition 213 will prevent convicted drunk
drivers and uninsured motorists from suing law-abiding citizens
for huge monetary awards for pain and suffering (non-economic
damages) while preserving their rights to recover medical and
other out-of-pocket expenses if they are involved in a collision;
and
WHEREAS, Proposition 213 will take the "profit" out of
crime.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Alameda that the City Council hereby supports Proposition 213
(The Personal Responsibility Act of 1996) and urges the
legislature to support any and all legislation which will assist
cities in their attempts to minimize lawsuits.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to forward a Certified Copy of this Resolution to
Californians for Personal Responsibility, 915 "L" Street, Suite
1050, Sacramento, California 95814.
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 17th
day of September , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt and
President Appezzato - 3.
NOES: None.
ABSENT: Councilmember Lucas - 1.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 18th day of September , 1996.
CITY OF ALAMEDA RESOLUTION NO. 12822
REAPPOINTING BONNIE J. MCKEAN AS A MEMBER OF THE
CITY ECONOMIC DEVELOPMENT COMMISSION
(COMMUNITY-AT-LARGE SEAT)
BE IT RESOLVED by the Council of the City of Alameda that
pursuant to Section 2-14.2 of the Alameda Municipal Code and
Resolution No. 12149, and upon nomination of the Mayor, BONNIE J.
MCKEAN is hereby reappointed to the office of member of, the
Economic Development Commission (Community-At-Large Seat) of the
City of Alameda commencing October 1, 1996 and expiring on August
31, 2000 and to serve until her successor is appointed and
qualified.
* * * * * *
(
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 1st
day of October , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Lucas
and President Appezzato - 4.
NOES: None.
ABSENT: None.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 2nd day of October , 1996.
.4,•ce 12D
Dia B. Felsch, City Clerk
Cit of Alameda