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Ordinance 2914CITY OF ALAMEDA ORDINANCE NO. 2914 New Series AMENDING THE ALAMEDA MUICIPAL CODE BY REPEALING SUBSECTION 22.12 (APPEAL TO CITY COUNCIL) OF SECTION 8-22 (ABATEMENT REMOV ALOF ABANONED , WRCKED , DISMALED OR INOPERATIVE VEHICLES); ADDING NEW SUBSECTIONS 2-6 (APPEAL OF TRASPORTATION COMMISSION DECISION) TO SECTION 2- (TRASPORTATION COMMISSION) OF CHATER n (ADMINISTRATION) AND SUBSECTION 8-1.5 (APPEAL OF TECHNICAL TRASPORTATION TEAM); RENUBERIG SUBSECTIONS 8-5 (pLACE OF TRAFIC CONTROL), 8- (TRAFIC SIGNALS CONTROLLED BY OFFICER), 8-1.7 (SAFETY ZONES), 8-1.8 (NGLECT OR REFUSAL TO STOP), AN 8-9 (pOLICE OFFICER DEFIND) OF SECTION 8-1 (GENERAL) OF CHAPTER VIII (TRAFIC , MOTOR VEHICLES ALTERNATIVE TRANSPORTATION MODES); AN AMNDING SUBSECTION 8.2 (MEMBERSHIP; TERM OF OFFICE; REMOVAL), SUBSECTION 2- (DUTIES) OF SECTION 2-8 (TRASPORTATION COMMISSION) OF CHAPTER n (ADMINSTRATION), SUBSECTION 8-1 (ANGLED PARG) OF SECTION 8- (GENERA PARG REGULATIONS), SUBSECTION 8-14.3(b), (NO CRUISING ZONES) OF SECTION 8-14 (CRUISING), SUBSECTION 8-22.11 (HEARG DECISION BY TRASPORTATION ADVISORY COMMITTEE), OF SECTION 8- (ABATEMENT REMOVAL OF ABANONED , WRCKED , DISMANTLED OR INOPERATIVE VEHICLES), SUBSECTION 8-27.3 (TRASIT STOPS) OF SECTION 27 (TRASIT OPERATIONS) OF CHATER VIII (TRAFIC AN MOTOR VEHICLES), SUBSECTION 12-11 (DEFINTIONS) OF ARTICLE II (ON STREETPARG METER ZONES), SUBSECTION 12-13.1 (INSTALLATION OF PARG METERS) OF SECTION 12-13 (pARG METERS), SUBSECTION 12-17.6(a) (pERMIT REQUIRD) AN SUBSECTION 12-17.8(d) (pROHIBITIONS FINS) OF SECTION 12-17 (PREFERENTIA PARG) OF CHATER XII(pARG LOTS AN PARG METERS). BE IT ORDAIND by the Council of the City of Alameda that: Section 1 . The Alameda Municipal Code is hereby amended by repealing Subsection 8-22.12 (Appeal to City Council) of Section 8-22 (Abatement, Removal of Abandoned, Wrecked, Dismantled or Inoperative Vehicles) of Chapter VIII (Traffic and Motor Vehicles) in its entirety. Section 2 . The Alameda Municipal Code is hereby amended by amending Subsection 2-2 (Membership; Term of Office; Removal) of Section 2-8 (Transportation Commission), of Chapter II (Administration) thereof to read: 2 Membership; Term of Office; Removal. The Transportation Commission shall consist of nine (9) voting members nominated by the Mayor and approved by Council. The voting members shall be selected to represent a diversity of transportation modes and. be balanced between commuter business , and recreational use. The term of the appointed representatives shall be four (4) years. Appointed representatives shall serve a maximum of two full terms plus any unexpired term. Any appointed member maybe removed by majority vote of the City Council. A vacancy in the office of any such member shall be filled and appointed in the manner. hereinabove set forth and shall be for the unexpired portion of the term of offce vacated. Section 3.The Alameda Municipal Code is hereby amended by amending Subsection 2-5 (Duties) of Section 2-8 (Transportation Commission) of Chapter II (Ad inistration) thereof to read: Duties. It shall be the duty ofthe Transportation Commssion to: a. Develop transportation policy recommendations for 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. Adopt rules and regulations for the conduct of the meetings and business.c. 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. The secretary of the Transportation Commission shall be the City Engineer or his designee. Section 4.The Alameda Municipal Code is hereby amended by adding a new section 2-6 (Appeal of Transportation Commission) to Section 2-8 (Transportation Commission) thereof to read: Appeal of Transportation Commission Decision. Any interested person may fie an appeal of a decision ofthe 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. Any member of Council may call fora review of the decision of the Transportation Commission by notifying the City Clerk. The call for review must be done within ten (10) days ofthe Transportation Commission decision. No fee shall be paid for a call for review. Appeals or calls for review shall be scheduled for public hearng and decision by the 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 hearng maybe selected by mutual agreement of the appellant and the City. The Council shall review the appeal de novo and may affirm, reverse or remand. The appeal fee wil be refuded only if the decision ofthe Transportation Commission is reversed. Section 5 . The Alameda Muncipal Code is hereby amended adding anew Subsection 8-1.5 (Appeal of Techncal Transportation Team Decision) and renumbering Subsections.5 (Place of Traffc Control), 8-6 (Traffc Signals Controlled by Officer), 8-1.7 (Safety Zones) 8-1.8 (Ne lect or Refusal to Stop), and 8-1.9 (police Officer Defined) of Section 8-1 (General), of Chapter VIII (Traffic , Motor Vehicles and Alternative Transportation Modes) thereof to read: J.5 Appeal of Technical Transportation Team Decision. Any interested person may file an appeal of a decision of the Techncal Transportation Team by obtaining an appeal form ITom the City Clerk or filing a letter with the City Clerk. In the appeal, the applicant shall specifically state the basis of the appeal (e., the decision conflicts with established City transportation policy(ies) or planes), new facts or evidence exist, or other basis) and provide facts supporting the basis. The appellant shall submit the appeal to the City Clerk within ten (10) days of the Technical Transportation Team decision along with the appeal fee as set forth by the Master . Fee Resolution. The appeal fee wil be refuded only if the Techncal Transportation Team decision is reversed. The City Clerk shall forward the completed appeal to the City Manager. The City Manager or his designee shall review the stated basis for the appeal and. determine which of the following categories the appeal falls under: (a) failure of the Technical Transportation Team to follow established Citytransportationpolicy(ies) or planes); or (b) pertinent new transportation facts or evidence which might render the decision in violation of established City transportation policy(ies) or planes); .or(c) any other reason including but not limited to the lack of existing transportation policy(ies) or planes), new facts or evidence that are not pertinent, and conflicting policies or plans. Appeals under category (a): Appeals which the City Manager or his designee determines to be under category (a) shall be heard by the Transportation Commission. the Transportation Commission determines that the decision, although inconsistent with established City transportation policy(ies) or planes), is nevertheless appropriate , the Transportation Commission may affirm the decision. Otherwise , the Transportation Commission may reverse or modify the Techncal Transportation Team decision or retu it to the Technical Transportation Team for reconsideration after identifying the transportation policy or plan in conflct. The Transportation Commission decision may then be appealed to Council as set forth in AMC section 2- Appeals under category (b): Appeals which the City Manager or his designee determines to be under category (b) shall be heard by the Transportation Commission. The Transportation Commission wil hear the new transportation facts or evidence. If the Transportation Commission determines that the pertinent new transportation facts or evidence would not render the decision of the Techncal Transportation Team in violation of established City transportation policy or plan, the decision wil stand. If the Transportation Commission determines that the pertinent new transportation facts or evidence render the decision of the Techncal Transportation Team in violation of established City transportation policy or plan, the Transportation Commission may either reverse or modify the Techncal Transportation Team decision or return it to the Techncal Transportation Team for reconsideration of the new facts or evidence. The Transportation Commission decision may then be appealed to Council as set forth in AMC section 2-6. Appeals . under category (c): Appeals which the City Manager or his designee determines. to be under category. (c) wil not go to the Transportation Commission but wil go directly to the City Council as set forth in AMC section 2- 1.6 Place of Traffic Control. The Chief of Police is hereby granted the power to determine the streets and intersections on which, and the times at which, the movement of traffc shall be directed. 1.7 Traffic Signals Controlled by Officer. If controlled by an officer, the following signals shall be observed: a. One (1) blast of the whistle indicates that east and west traffc shall proceed and north and south traffc shall stop. b. Two (2) blasts of the whistle indicates that north and south traffic shall proceed and east and west traffc shall stop. c. Extending the arms indicates that traffic moving parallel to the extended arms shall proceed and traffic moving at right angles thereto shall stop. 8 Safety Zones. The Public Works Director is hereby authorized to designate and cause to be suitably marked and maintained safety zones upon the streets of the City. 1.9 Neglect or Refusal to Stop. No driver of a vehicle shall neglect or refuse to stop the vehicle when so directed by a Police Officer. 10 Police Officer Defined. Police Officer or Officer shall mean and include regularly employed non-sworn salaried employees of the Alameda Police Department designated by the Chief of Police to enforce those sections of the Vehicle Code of the State of Californa which permit enforcement by employees and those sections of the Alameda Muncipal Code regulating, and authorizing persons to regulate the stopping, standing or parking of vehicles and the operation of bicycles in the City. For puroses of enforcing stopping, standing or parking regulations where fire hydrants are involved, the term "police officer " or "offcer , when used in this chapter shall include members of the Fire Prevention Bureau. Employees so designated by the Chief of Police are designated by the City Council to enforce such regulations. Section 6.The Alameda Municipal Code is hereby amended by amending Subsection 8-1 (Angled Parking) of Section 8-8 (General Parking Regulations) of Chapter VIII (Traffc and Motor Vehicles) thereof to read: Angled Parking. The following streets are hereby established as streets where angled parking is permtted: Central Avenue between Oak Street and Walnut Street, Wilow Street between Otis Drive and Sandcreek Way. Recommendations for new angle parking locations shall be made by the Public Works Director to the City Council. The Transportation Techncal Team is hereby authorized to designate the specific location of angled parkig spaces those streets identified above. Vehicles placed in areas so designated shall be parked at the angle designated and .shall park entirely.withi the marked spaces. The Public Works Director shall cause to have installed and maintained pavement markings which designate the angled parkig spaces. Markigs shall. be at least four (4") inch wide white strping designating each side of the individual parking spaces. Records detailng the areas and angles for such parkig shall be established and maintained in the Public Works Deparent. Section 7.The Alameda Muncipal Code is hereby amended by amending Subsection 8-14.3(b) (No Cruising Zones) of Section 8-14 (Cruising) of Chapter VIII (Traffic and Motor Vehicles) thereof to read: 14.3 No Cruising Zones. b. Establishment and Policy olNo Cruising Zones. The Techncal Transportation Team is hereby authorized to designate No Cruising Zones. The Public Works Director shall cause to install and maintain no cruising signage at the beginnng and end of any public street or highway which has been established as a No Cruising Zone. Section 8 . The Alameda Municipal Code is hereby amended by amending Subsection 8-22.11 (Hearig and Decision by Transportation Advisory Committee) of Section 8-22 (Abatement , Removal of Abandoned , Wrecked , Dismantled or Inoperative Vehicles) of Chapter VIII (Traffic and Motor Vehicles) thereof to read: Hearing and Decision by Technical Transportation Team.a. All hearngs under this section shall be held before the Technical Transportation Team which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or pars thereof and the circumstances concerning its location on the private property or public property. The Technical Transportation Team shall not be limited by the techncal rules of 22. evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearng, and deny responsibilty for the presence ofthe vehicle on the land, with his/her reasons for such denial.b. The Technical Transportation Team may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this section. It may delay the time for removal of the vehicle or pars thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Teclmical Transportation Team may find that a vehicle or pars thereof has been abandoned , wrecked , dismantled , or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requirng removal shall include a description of the vehicle or pars thereof and the correct identification number and license number of the vehicle , if available at the site.c. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he/she has not subsequently acquiesced in its presence , the Technical Transportation Team shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner ofthe land. d. If the owner of the land submits a sworn wrtten statement denying responsibility for the presence ofthe vehicle on his/her land but does not appear, or if an interested pary makes a written presentation to the Technical Transportation Team but does not appear, he/she shall be notified in wrting ofthe decision. Section 9.The Alameda Municipal Code is hereby amended by amending Subsection 8-27.3 (Transit Stops) of Section 8-27 (Transit Operations) of Chapter VIII (Traffc and Motor Vehicles) thereof to read: 27.3 Transit Stops. The Public Works Director is authorized to approve locations of transit stops withi the City limits including the displacement of up to three parking spaces. The Public Works Director may elect to have the issue heard by the Techncal Transportation Team. The Public Works Director shall cause to be installed and maintaied signage red curb designating the transit stops. Section 10.The Alameda Muncipal Code is hereby amended by amending (Parking Meter Zones) of Section 12-11 (DEFINITIONS) of Aricle II , On-Street Parking Meter Zones , thereof to read: Parking Meter Zones shall mean portions of streets described and established by the City Council pursuant to Section 12-12. Section 11 . The Alameda Municipal Code is hereby amended by amending Section 12-13.1 (Installation of Parking Meters) of Section 12-13 (parking Meters), of Chapter XII (Parking Lots and Parking Meters), thereof to read: 12-13.Installation of Parking Meters. The Public Works Director shall cause parking meters to b installed in the parking meter zones and the public parking lots as herein established in such numbers and at such particular places as are designated by the Technical Transportation Team. Section 12 The Alameda Municipal Code is hereby amended by amending Subsection 12-17.6(a) (permt Required) of Section 12-17 (preferential Parking Zones), of Section 12-17 (preferential Parking Zones , Aricle III, Permit Parking), of Chapter XII (Parking Lots and Parking Meters), thereofto read: 12-17.Permit Parkinga. No vehicle shall be parked or stopped in excess of the posted time limit to any curb in a Preferential Parking Zone durig hours established by the Technical Transportation Tean1 without a permit issued and displayed in accordance with the Parking Prohibitions of this article. Section 13 The Alameda Municipal Code is hereby amended by amending Subsection 12-17.8(d) (prohibitions and Fines) of Section 12-17 (preferential Parking Zones), Aricle III, Permit Parking), of Chapter xn (parking Lots and Parking Meters), thereof to read: 12-17.Prohibitions and Fines.d. No vehicle shall be parked or stopped in excess of the posted time limit in a Preferential Parking Zone during the hours established by the Technical Transportation Team without a permit issued and displayed in accordance with this article. Section 14.This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days ITom ofits final passage. Ai" .. \ / Presidin ffi f th Council \ ! i ) V .. Attest: MJVCR, Lara Weisiger, City 19'rk City of Alameda Revised 11/05/03 , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 2 day of December, 2003 by the following vote to wit: AYES:Councilmembers Daysog, Gilmore , Kerr , Matarrese and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS, WHEREOF , I have hereunto set my hand and affixed the official seal of said City this day of December, 2003. Lara Weisiger , City Clerk! City of Alameda