Ordinance 2628 and staff reportCITY OF ALAEDA ORDINANCE NO.
New Series
2628
AMENDING THE ALAEDA MUICIPAL CODE BY AMENDING
SECTION '3-62 (IMPROVEMENT TAX), CHAPTER III
(FINANCE AND TAXATION), PERTAINING TO IMPROVEMENT
TAX REGULATIONS AND ADDING PROVISIONS EXEMPTING ALL
PROJECTS FOR THE SEISMIC STRENGTHENING
UNREINFORCED MASONRY BUILDING FROM IMPROVEMENT TAX
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAEDAthat:
Section 1 The Alameda Municipal Code is hereby amendedby amending Section 3-62.2 (Definitions), of Chapter III (Finance
and Taxation), Section 62 (Improvement ax), thereof to read:
3-62.Def ini tions:
Construction shall mean and include all improvements to
real property which require building or plumbing permits other than
repairs or remodeling valued at less than five thousand ($5000.00)
dollars or demolition.
Section 2 . The Alameda Municipal Code is hereby amended
by amending Section 3-62-6 , of Chapter III (Finance and Taxation) Section 62 (Improvement Tax), thereof to read:
3 -62.Exemption.a. Persons who have entered into owner participation
agreements approved by the Council , wherein such persons have
agreed to pay for any of the cost associated with development not
otherwise required by the subdivision regulations , shall be exempt
from this tax unless provided otherwise by the agreement.b. Persons who undertake the seismic strengthening of any
unreinforced masonry building (UR building) identified as a
potentially hazardous structure pursuant to Chapter XIII, Article
XVIII of this code are exempt from this tax whenever anyone of thefollowing situations exists:1. A Building Permit is issued for the full seismic
retrofit of the building in compliance with Appendix Chapter 1 , of
the Uniform Code for Building Conservation; or2. A Building Permit is issued for the full seismic
retrof it of the building in compliance with Appendix Chapter 1 , of
the Uniform Code for Building Conservation , and as part of the sameconstruction proj ect there are other non-seismic alterations oraddi tions to the building; or
3. Prior to October 1, 1997 , a Building Permit isissued for the minimum life-safety retrofit of the building incompliance with Chapter XIII , Article XVIII , of this Code; or4. Prior to October 1 1997 , a Building Permit isissued for the minimum life-safety retrofit of the building incompliance with Chapter 13 , Article XVIII , of this Code , and aspart of the same construction project there are other non-seismical terations or additions to the building.
Section 3 The Alameda Municipal Code is hereby
by amending Section 3-62-7 , (Reconstruction Exemption) ofIII (Finance and Taxation), Section 62 (Improvement Tax),
to read:
amended
Chapter
thereof
3-62.Reconstruction Exemption.a. The term construction shall not include that portion
of any repair work required as a result of fire , war , or naturaldisaster.b. The term construction shall not include repair work
of/or reconstruction work identified and confirmed as defects the
original construction and which is the subject of completed courtlitigation and is commenced within three (3) years of final
settlement or judgment.
Section 4 . This subsection shall apply retroactively andbe effective April 1, 1993.
Section 5 This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from the
date of its final passage.
Presiding Officer Council
Attest:
, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of
Alameda in regular meeting assembled on the 20th day ofApril, 1993 by the following vote to wit:
AYES:Councilmembers Appezzato , Arnerich, Lucas, Roth
and President Withrow -
None.NOES:
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 21st day of April , 1993.
Diane B. Felsch , City Clerkci ty of Alameda
City of Alameda
Inter-Deparment Memorandum
:3
CfD;
Da te :March 29 , 1993
To:Honorable Mayor and
Members of the Council
From:Robert L. Warnick
Public Works Director
Re:Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Section 3-62 (Improvement Tax), Chapter
III (Finance and Taxation), Pertaining to Improvement Tax
Regulations and Adding provisions Exempting all Projects
for the Seismic Strengthening of Unreinforced Masonry
Bui ldinqs from Improvement Tax
Backqround:
The Baywood Village development was constructed approximatelyfourteen years ago by Doric Construction Company. The Baywood
Village Homeowner's Association believes that many of the homes
wi thin their development were improperly constructed by theoriginal developer. Approximately two years ago the Baywood
Village Homeowner's Association settled a lawsuit with Doric which
provided the Association with funds to repair certain constructiondeficiencies. The Association has now prepared plans for the
repair of these construction deficiencies.
On March 2 , 1993 , the Baywood Homeowner's Association made a formal
request that the City Council waive all Building Permit fees onthis project. At the City Council Meeting of March 16 , 1993 , the
Council directed the City Attorney to draft an ordinance amending
the Improvement Tax regulations of the Alameda Municipal Code to
provide an additional exemption which would apply to the BaywoodVillage repair project.
Discussion/ Anal vsis:
In addition to the above described exemption it is proposed to take
this opportunity to revise the Code to also provide Improvement Tax
exemptions for UR retrofit projects and for building demolitionproj ects .
The proposed ordinance has been prepared by the City Attorney.
This ordinance revises the definition of "construction" in the
Improvement Tax regulations to exclude demoli tion and adds
exemptions to the Improvement Tax regulations for (1) repair work
and/or reconstruction work identified and confirmed as defects of
the original construction and which is the subject of completed
court litigation and is commenced within three (3) years of final
settlement or judgement , and for (2) any repair or improvements
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Re: Introduction of
Ordinances #6-0
4-6-93
Honorable Mayor and
Members of the Council
Page 2
March 29, 1993
required by Chapter XIII (Building and Housing), Article XVIII(Earthquake Hazard Reduction in Existing Unreinforced Masonry
Bearing Wall Buildings) of the Alameda Municipal Code.
The Baywood Village repair project would be exempt from Improvement
Tax under these regulations.
Budqet Consideration/Financial Impact:
Improvement Tax revenues collected on property within the Harbor
Bay Isle development are deposited into the Traffic Improvement
Fund (TIF). If this ordinance is adopted and the Baywood Village
project becomes exempt from Improvement Tax the TIF will loose
approximately $27 000 in revenue.
If all UR retrofit projects become exempt form Improvement Tax the
General Tax Fund will lose approximately $100,000 in revenue.
Recommendation:
It is recommended that the city Council, by motion , introduce the
subj ect ordinance Amending the Alameda Municipal Code by Amending
Section 3-62 (Improvement Tax), Chapter III (Finance and Taxation) ,
Pertaining to Improvement Tax Regulations and Adding provisions
Exempting all Projects for the Seismic strengthening of
Unreinforced Masonry Buildings from Improvement Tax.
Respectfully Submitted
Robert L. Warnick
Public Works Director
By: T. D. wards
Acting Public Works Director
RLW: swd
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