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Ordinance 2653CITY OF ALAMEDA ORDINANCE NO. New Series 2653 AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING ARTICLE III (PERMIT PARKING) SECTION 12-17 (PREFERENTIAL PARKING ZONES), TO CHAPTER XII (DESIGNATED PARKING) ESTABLISHING PREFERENTIAL PERMIT PARKING ON CERTAIN STREETS BE IT ORDAINED by the Council of the City of Alamedathat: section 1 The Alameda Municipal Code is hereby amendedby renaming Chapter XII (Parking Lots and Parking Meters) to Chapter XII (Designated Parking). section 2 The Alameda Municipal Code is hereby amended by adding Article III (Permit Parking), Section 12-17 (Preferentia Parking Zones) to Chapter XII (Designated Parking) thereof to read: ARTICLE III PERMIT PARKING 12-17 Preferential Parking Zones. 12-17.State Vehicle Code Provisions. The provisions of this Article are expressly enacted under the Constitution of the State, Article XI, Section together with provisions of the Vehicle Code of the State , as amended. The provisions set forth in the Vehicle Code shall govern whenever this Article fails to set forth any specific provision. 12-17.Def ini tions. As used in this Article: Dwelling Uni shall mean any self-contained houseapartment unit stock cooperative unit or condominium unit occupied solely for residential purposes. Preferential Parking permi t shall mean a valid resident or visitors permit. Resident shall mean any person who lives in a dwelling unit located in a preferential parking zone. 12-17.Designation of Preferential Parking Zone. Preferential parking is hereby proposed by the city Council in the areas identified on the Preferential Parking Zone Map filed with the City Clerk on a one year trial period effective January 1 , 1994 and terminating December 31, 1994. PreferentialParking Zones may be continued beyond or re-established after December 31 , 1994 or amended by City Council resolution. Upon receipt and verification of a petition signed by residents living in at least one-half of the dwelling units comprising and not less than 50 percent of the developed frontage of the area proposed for designation, the Public Works Director shall undertake such surveys or studies as deemed necessary to determine whether a Preferential Parking Zone shall be designated in the proposed Preferential Parking Zone. If an area proposed as a Preferential Parking Zone satisfies the resident petition process and is designated as a Preferential Parking Zone, the residents requesting the designation shall notify all affected residents and present verification of such notification to the, Public WorksDirector. 12-17.Amendments to Preferential Parking Zon Map. Amendments to the Preferential Parking Zone Map shall be approved by City Council resolution. The following is the Preferential Parking Zone Map: criteria for amendments to the 1. That non-resident vehicles def ined as those vehicles operated by persons whose destinations are other than to adjacent areas , do or may substantially and regularly interfere with the use of the maj ority of available public street or alleyparking spaces by adjacent residents;2. That the interference by the non-resident vehicles referred to in subsection (1) of this section occurs at regular andsignif icant daily or weekly intervals;3. That shortage of reasonably available and convenient residential related parking spaces exists in the area the proposed zone;4. That al ternati ve solutions are not feasible orpractical; That the area includes at least 1/2 mile of streetfrontage; any block; and7. That the Parking Preference Zone. That the area includes both sides of the street in area within the ci ty I designated 12-17.Dissolution Process. Proceedings to dissolve a preferential parking districtshall be initiated upon receipt and verification of a petitionsigned by residents living in one-half of the dwelling units comprising and not less than 50 percent of the developed frontageof the. Preferential Parking Zone. 12-17.permi t Required. permi tstreet zone. A. No vehicle shall be parked or stopped in excess of the posted time limit to any curb in a Preferential Parking Zone duriDg hours established by the Transportation Advisory Committee wi thout a permit issued and displayed in accordance with the Parking Prohibitions of this Article. The annual fee for each permit issued for a Preferential Parking Zone shall be set by city counci 1 resolution.B. Issuance and Fees. The Director of Finance shall issue permits for preferential parking and collect all ees. Applicants shall be required to present current vehicle registration and proof of residency such as a current year s taxbill, utility bill or cur rent driver license in the proposedpermit zone. Each qualified applicant is entitled to purchase one permit per vehicle per year. The address of tax bill , utility bill, vehicle registration and proof of residency must coincide wi th the residence address of applicant. Permit fees shall cover the cost of establishing and maintaining the preferential parking district. Fees shall be setby City Council resolution at the time of parking district designation. The annual fee shall be due each January 1. The fee shall be reduced by one half for each permit issued after June 30 to be effective for the remainder of the year.C. Duration. Preferential parking permits issued pursuant to this section shall remain in effect for a period of one calendar year or fraction thereof , or as long as the permit holder continues to reside in the dwelling unit for which the permit was issued or until the preferential parking district for which the permit was issued is eliminated, whichever period of time is less.D. visi tor Permits. Any resident may purchase visitor permi ts . Each permit shall have the address of the res ident imprinted. The fee for a visitor permit shall be $1.00 per day or such other fee. Fee shall be set by City Council resolution. E . Availability of Parking. A preferential parking shall not guarantee or reserve to the holder thereof an on- parking space within the designated preferential parking F. Restrictions and Conditions. Each permit. issued pursuant to this section shall be subject to each and every condition and restriction set forth in this Chapter and as provided for the preferential parking zone for which it was issued including conditions or restrictions which may be altered or amended from time to time. The issuance of such permit shall not be construed to be 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 regulations or laws such as those pertaining to no parking zones including street sweeping or loading zones. 12-17.Authority of City staff.1. The Public Works Director shall have the authority to promulgate rules and administer policies designed to implement the Preferential Parking program as set forth herein.2. The Director of Finance shall have authority to promulgate rules and administer policies designated to implement the Preferential Parking program as set forth herein.3. The Police Chief shall have the authority to enforce the rules and regulations established pursuant to this Article. 12-17.prohibi tions and Fines. A. No vehicle shall be parked or stopped adjacent to any curb in a permit parking zone in violation of any posted or noticed prohibition or restriction, unless such ehicle shall have prominently displayed permit as directed on the left rear bumper the vehicle. Each permit shall bear the vehicle license number ofthe issuee. Any vehicle in violation of this Chapter shall be subject to a fine to be set by City Council resolution.B. It shall be unlawful for any person to sell, rent, or ease , or cause to be sold, rented , or leased for any value or consideration any preferential parking permit. Upon the conviction of a violation of this subsection , all permits issued to, or for the benefits of the dwelling unit for which the sold , rented, orleased permit was authorized shall be void. Any person convicted shall be subject to a fine to be set by City Council resolution.C. It shall be unlawful for any person to buy or otherwise acquire for value or use any preferential parking permit. except as provided for in this article , and any person so convicted sha:l be subject to a fine to be set by City Council resolution.D. No veh le shall be parked or stopped in excess of the posted time limit in a Preferential Parking Zone during the hours established by the Transportation Advisory Commi ttee without a permit issued and displayed in accordance with this Article. Any vehicle parked or stopped in excess of the posted time limit wi thout a permit may be subj ect to fines for overtime parking and may be removed by any police officer. section This ordinance shall be in effect on January 1, 1994. Pres iding Attest: Deputy City Clerk Revised 11/10/93 5-2.License for Less Than Full Period. Except as herein otherwise provided , when any business required herein to pay an annual or quarterly license fee shall commence to do business after the beginning of the current annual or quarterly license term, such license shall be issued ,for a period expiring on the last day of the current license term in which the same is issued and the license fee shall be an amount which bears the same proportion to the license fee for the full term as the number of months remaining in such term , including the month in which such license is issued , bears to the total number of months in the full term , provided the amount is not less than the amount set by City Council resolution. section . The Alameda Municipal Code is herebyby adding subsection 5-2.7 (Evidence of Doing Business), of 5-2 (License Required) to Chapter V (Licenses and Permits) , to read: amendedsectionthereof 5-2.Evidence of Doing Business. Where any person by use of advertising mediums including but not limited to radio , television , signs , circularscards, telephone books , or newspapers , shall advertise , hold out or represent that he/she is in business in the city, or when anypel son holds an active license or permit issued by a governmental agency indicating that he/she is in business in the City, or whenany person makes a sale , takes an order , renders a commercialservice, or performs any other similar act within the City, then such facts shall be considered prima facie evidence that he/she is conducting a business in the city. Section 4 . The Alameda Municipal Code is hereby amended by amending subsections 5-3.8 (Transfer of License; Procedure) and5-3.10 (Lost License) of section 5-3 (Application: Form andIssuance), Chapter V (Licenses and Permits), thereof to read: 5-3.Transfer of License; Procedure. No license or vehicle sticker granted or issued under any provisions of this chapter shall be in any manner transferred or assigned , or authorize any person other than the person named in the license to carry on the business therein named or to transact such business in any place other than the place or location therein named without the written consent of the Bureau of Licenses endorsed thereon. At the time such license is assigned or transferred or the place for the carrying on of such business ischanged, the person applying for such transfer or charge shall pay to the Bureau of Licenses a fee for each assignment or transfer.The assignment or transfer fee shall be set by City Councilresolution. 5-3.Lost License. The Bureau of Licenses shall charge for each duplicate license or duplicate vehicle sticker issued to replace any license or vehicle sticker issued under the provisions of this chapterwhich has been lost or destroyed; the applicant shall make satisfactory proof of such loss. The fee for a lost license shall be set by City Council resolution. Section 5 The Alameda Municipal Code is hereby amended by adding 5-3.11 (No Bill Required) to section 5-3 (Application: Form and Issuance), Chapter V (Licenses and Permits) ,thereof toread: 5-3.No Bill Required. Notwi thstanding subsection 5-3.4 hereiri to the contrary,neither the Bureau of Licenses or any other City official is required to send or give any notice or bill to any person subject to the provisions of this chapter, and failure to send such notice or bill shall not affect the validity of any license or penalty levied pursuant to the provisions of this chapter. section 6 The Alameda Municipal Code is hereby amended by amending subsection 5-4.2 (Minimum Tax) of section 5-4 (License Fees), Chapter V (Licenses and Permits), thereof to read: 5-4.Minimum Tax. The fee required under subsection 5-4.foradministrati ve headquarters , auto dealers and grocers , bowling alley, billiard or pool room , business and professional services flea markets general and specialty contractors , junk collectors manufacturing, non-residential property rental, retailing andwholesaling, professional , semiprofessional; connected businesstelevision subscription service theaters and drive-ins and transportation of persons and goods shall be set by City Council resolution. The fee required under this subsection for residential property rental shall be set by City Council resolution. The Minimum Tax will be adjusted each fiscal year by the percentage change in the Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland Area , February data) adjusted to the nearest whole dollar. Section 7 . The Alameda Municipal Code is hereby amendedby amending subsection 5-5.(Veterans) of section 5-5 (Exemptions), Chapter V (Licenses and Permits) thereof to read: 5-5.Every peddler , solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this chapter upon the ground that he is an honorably discharged or released soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor and who is a voter of the state of California , as provided or hereafter to be provided by Section 16001 of the Business and Professions Code or other law of this State , (hereinafter "disabled veteran" shall , inaddi tion to the information required in subsection 5-5.1 hereof also file with the Bureau a certificate of a regularly licensed and practicing physician dated within a month of the application , tothe effect that the applicant is physically unable to obtain aIi velihood by manual labor and stating the nature of the incapaci tation. The provisions of Section 16001 of the Business and Professions Code of the State of Calif ornia are hereby made applicable to the City of Alameda , and the provisions of the section of the code are hereby made applicable, under the samecondi tions and limitations , to any honorable discharged or releasedsolider, sailor or marine of the United States who served or shall serve in any war in which the United States has been or may beengaged. Without limiting ' the foregoing, disabled veterans are exempted from paying the license fee set forth in section 5-2 of this chapter. Section The Alameda Municipal Code is hereby amended by amending subsection 5-7.2 (License a Debt) of subsection5-7 (Enforcement; Penalties; Refunds) of Chapter V (Licenses and Permi ts), thereof to read: 5-7 . 2 License A Debt. The amount of any license fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the City; and any person carrying on any business without first having procured a license from the City to do so shall be liable to action in the name of the City, in any court of competent jurisdiction , for the amount of license, penal ties interest and attorneys' fees. If'the fees ar not paid when due , such fee , penalty and interest shall constitute an assessment against the licensee's real property and shall be a lien on the property in the amount thereof which lien continue until the amount thereof including all penalties and interest are paid , or until it is discharged ofrecord. by adding Fees) of Chapter V Section 9 . The Alameda Municipal Code is hereby amendedsubsection 5-7.(Collection of Delinquent Charges andsubsection 5-7 (Enforcement; Penalties; Refunds) of (Licenses and Permits), thereof to read: 5-7.Collection Of Delinquent Charges And Fees. During March of each year , the License Collector shall submit to the City Council a report of delinquent charges and fees. A time , date and place for hearing of the report and any objections or protests thereto shall be fixed by the City Clerk. Not lessthan ten (10) days prior to the date of such hearing, the Finance Director shall mail written notice thereof to the owner of each of the premises affected thereby, using for this purpose the names and addresses which appear on the last equalized tax assessment roll. ( a) (b) ( c) At said hearing the City council shall hear any objections or protests of owners of premises liable to be assessed for delinquent charges of fees. Theci ty Council may make such revisions or corrections to the report as it deems just , after which thereport shall be confirmed by resolution. The delinquent charges and fees set forth in the report as confirmed shall constitute special assessments against the respective premises and are a lien on the premises for the amounts of such delinquent charges and fees. Prior to August 10 certified copy of theconfirmed r eport shall be filed with the County Auditor, who shall enter each assessment on the taxroll against the respective premises. Saidassessment shall be collected at -the same time in the same manner as ordinary municipal ad valorem taxes and shall be subject to the same penaltiesand the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem property taxes shall be applicable to such assessments. The lien created attaches upon recordation of a certified copy of the confirmed report in the office of the County Recorder and shall continue until the charges and fees are fully paid. section 10 The City Council of the City of Alameda has dete::miDt;d that this Ordinance is statutorily exempt under California nvironmental Quality Act Guidelines section 15273(Rates , Tolls , Fares , Charges) because it relates to the approval of charges for the purpose of meeting operating expenses. section 11 This Ordinance shall be in full force and effective immediately following its final passage per Section 3-12 of the C ty Charter. Attest: CouncilPresiding Officer of the ci Deputy City Clerk , 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 7th day of December , 1993 by the following vote to wit: AYES:Councilmembers Appezzato, Arnerich, Lucas and President Wi throw - 4. NOES:Vice Mayor Roth - ABSENT:None . ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said city this 8th day of December , 1993. , /j. 1M 'tUt/' Pa :: icia Calbreath , Deputy ci ty Clerkci ty of Alameda