2004-01-20 PacketCITY OF ALAMEDA•CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY - - - JANUARY 20, 2004 - - - 6:25 P.M.
Time: Tuesday, January 20, 2004, 6:25 p.m.
Place:
Agenda:
City Council Chambers Conference Room, City Hall, corner
of Santa Clara Avenue and Oak Street.
1. Roll Call.
2. Public Comment on Agenda Items Only.
Anyone wishing to address the Council on agenda items only,
may speak for a maximum of 3 minutes per item.
3. Adjournment to Closed Session to consider:
3 -A. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation;
Initiation of Litigation Pursuant to Subdivision (c) of
Section 54956.9; Number of cases: One.
3 -B. CONFERENCE WITH PROPERTY NEGOTIATOR - Property: 1825 Park
Street; Negotiating parties: City of Alameda and Len Goode;
Under negotiation: Price and terms.
3 -C. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation; City of
Oakland v. City of Alameda; City Council of City of Alameda.
4. Announcement of Action Taken in Closed Session, if any.
Adjournment
CITY OF ALAMEDA • CALIFORNIA
IF YOU WISH TO ADDRESS THE COMMISSION:
1. Please file a speaker's slip with the Deputy City
Clerk, and upon recognition by the Chair, approach
the rostrum and state your name; speakers are
limited to 3 minutes per item.
2. Lengthy testimony should be submitted in writing
and only a summary of pertinent points presented
verbally.
3. Applause and demonstrations are prohibited during
Commission meetings.
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION
TUESDAY - - - JANUARY 20, 2004 - - - 7:25 P.M.
Location: Council Chambers, City Hall, corner of Santa Clara Avenue
and Oak Street.
Public Participation
Anyone wishing to address the Commission on agenda items or
business introduced by Commissioners may speak for a maximum of 3
minutes per agenda item when the subject is before the Commission.
Please file a speaker's slip with the Deputy City Clerk if you wish
to speak on an agenda item.
PLEDGE OF ALLEGIANCE
ROLL CALL
MINUTES
Minutes of the Special Community Improvement Commission Meeting of
December 16, 2003 and January 6, 2004; and the Special Joint City
Council and Community Improvement Commission Meeting of January 6,
2004.
AGENDA ITEM
1. Recommendation to authorize the Executive Director to renew a
Funding Agreement with Alameda Development Corporation.
ADJOURNMENT
AGENDA
TUESDAY
CITY OF ALAMEDA • CALIFORNIA
IF YOU WISH TO ADDRESS THE COUNCIL:
1. Please file a speaker's slip with the Deputy City
Clerk, and upon recognition by the Mayor, approach
the rostrum and state your name; speakers are
limited to 3 minutes per item.
2. Lengthy testimony should be submitted in writing
and only a summary of pertinent points presented
verbally.
3. Applause and demonstrations are prohibited during
Council meetings.
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 20, 2004 - - - - 7:30 P.M.
[Note: Regular Council Meeting convenes at 7:30 p.m., City
Hall, Council Chambers, corner of Santa Clara Ave and Oak St.]
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. Consent Calendar
5. Agenda Items
6. Oral Communications, Non - Agenda (Public Comment)
7. Council Communications (Communications from Council)
8. 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 Deputy City Clerk if you wish to address
the City Council.
SPECIAL MEETING OF THE CITY COUNCIL 6:25 P.M.
CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 7:25 P.M.
COMMISSION, CITY COUNCIL CHAMBERS
Separate Agenda
1. ROLL CALL - City Council
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
4. 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.
4 -A. Minutes of the Special City Council Meeting, the Special Joint
City Council and Community Improvement Commission Meeting, and
the Regular City Council Meeting held on January 6, 2004.
4 -B. Recommendation to accept the Quarterly Sales Tax Report for
period ending December 31, 2003 for sales transactions in the
third calendar quarter of 2003.
4 -C. Adoption of Resolution Authorizing the Donation of Two Fire
Trucks to Community College Districts for Educational
Purposes.
4 -D. Introduction of Ordinance Approving and Authorizing the Sale
of a Vacated Portion of Adams Street. [Requires four (4)
affirmative votes]
4 -E. Bills for ratification.
5. REGULAR AGENDA ITEMS
5 -A. Public Hearing to consider an Appeal of the Planning Board's
denial of Planned Development Amendment and a Major Design
Review to include: 1) the construction of an approximately
12.5 -foot by 14 -foot redwood arbor covering the rear patio;
and 2) the construction of an 11 -foot by 9 -foot deck,
approximately 12- inches high with an approximately 10 -foot
high arbor constructed above the deck (a gazebo); and adoption
of related resolution. The gazebo is constructed approximately
4 feet from the rear and side property lines and accommodates
a hot tub. The site is located at 1198 Hillery Way and is
within the R -2 -PD, Two Family Residential /Planned Development
Zoning District.
5 -B. Final Passage of Ordinance Amending the Alameda Municipal Code
by Repealing Section 22 -7 (Newspaper and Periodical Vending
Machines) of Article I (Streets), Chapter XXII (Streets and
Sidewalks) and Adding a New Section 22 -7 (Newspaper and
Periodical Vending Machines).
5 -C Final Passage of Ordinance Approving and Authorizing the
Execution of Second Amendment to Lease Agreement Between
Mariner Square and Associates, as Lessee, and the City of
Alameda, as Lessor, to Include an Additional Parcel of 2,739
Square Feet. [Requires four (4) affirmative votes]
5 -D Final Passage of Ordinance Approving Sale of Property
Associated with the Bridgeside Shopping Center from the City
of Alameda to the Community Improvement Commission.
6. 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.)
7. COUNCIL COMMUNICATIONS (Communications from Council)
8. ADJOURNMENT
* **
• For use in preparing the Official Record, speakers reading a written
statement are invited to submit a copy to the City Clerk at the
meeting or e -mail to: lweisige @ci.alameda.ca.us
• 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.
CITY OF ALAMEDA
Memorandum
Date: January 12, 2004
To: Honorable Mayor
And Councilmembers
From: James M. Flint
City Manager
Re: Regular and Special City Council Meetings and Special Meeting of the
Community Improvement Commission of January 20, 2004
Transmitted are the agendas and related materials for the Regular and Special City
Council Meetings and Special Meeting of the Community Improvement Commission of
January 20, 2004.
SPECIAL COMMUNITY IMPROVEMENT COMMMISSION MEETING
CONSENT CALENDAR
2 -A Minutes of the Special Community Improvement Commission
Meeting of December 16, 2003 and the Special Joint City
Council and Community Improvement Commission Meeting of
January 6, 2004.
The City Clerk has transmitted the Minutes of the Special Community Improvement
Commission Meeting of December 16, 2003 and the Special Joint City Council and
Community Improvement Commission Meeting of January 6, 2004.
REGULAR AGENDA ITEMS
3 -A Recommendation to authorize the Executive Director to renew a
Funding Agreement with Alameda Development Corporation.
It is recommended that the CIC authorize renewing the Funding Agreement with the
Alameda Development Corporation.
Dedicated to Excellence, Committed to Service
Honorable Mayor and Page 2
Councilmembers January 12, 2004
CITY COUNCIL AGENDA
CONSENT CALENDAR
4 -A. Minutes of the Special City Council Meeting, the Special Joint
City Council and Community Improvement Commission Meeting, and
the Regular City Council Meeting held on January 6, 2004.
The City Clerk has presented for approval the Minutes of the Special City Council
Meeting, the Special Joint City Council and Community Improvement Commission
Meeting, and the Regular City Council Meeting held on January 6, 2004.
4 -B. Recommendation to accept the Quarterly Sales Tax Report for
period ending December 31, 2003 for sales transactions in the
third calendar quarter of 2003.
The Quarterly Sales Tax Report for the third calendar quarter of 2003 is transmitted.
The report indicates a 4.9% decrease when compared to the same quarter of the
prior year. Key declines were in the category of transportation, which includes auto
sales, new and used and miscellaneous vehicle sales (auto parts and repairs and
service stations). However, the current two -year Financial Plan has already taken
into consideration the anticipated decrease in sales tax and revenue estimates have
been adjusted accordingly.
4 -C. Adoption of Resolution Authorizing the Donation of Two Fire
Trucks to Community College Districts for Educational
Purposes.
This resolution approves the donation of two out -of- service fire engines, one to
Chabot and one to Columbia Junior College Fire Education Programs.
4 -D. Introduction of Ordinance Approving and Authorizing the Sale
of a Vacated Portion of Adams Street. [Requires four (4)
affirmative votes]
Introduction of this Ordinance initiates the sale of a 733 square foot parcel of
surplus property to the adjacent property owner on Adams Street.
4 -E. Bills for ratification.
Dedicated to Excellence, Committed to Service
Honorable Mayor and Page 3
Councilmembers January 12, 2004
REGULAR AGENDA ITEMS
5 -A. Public Hearing to consider an Appeal of the Planning Board's
denial of Planned Development Amendment and a Major Design
Review to include: 1) the construction of an approximately
12.5 -foot by 14 -foot redwood arbor covering the rear patio;
and 2) the construction of an 11 -foot by 9 -foot deck,
approximately 12- inches high with an approximately 10 -foot
high arbor constructed above the deck (a gazebo); and adoption
of related resolution. The gazebo is constructed approximately
4 feet from the rear and side property lines and accommodates
a hot tub. The site is located at 1198 Hillery Way and is
within the R -2 -PD, Two Family Residential /Planned Development
Zoning District.
This public hearing has been scheduled to receive comments on an appeal of the
Planning Board's denial of a Planned Development Amendment requiring removal
of an already installed hot tub and gazebo in the rear yard of 1198 Hillery Way. As
noted, when the Bay Cove development was approved, rear yard structures were
prohibited. A resolution supporting the Planning Board's denial of this application
has been provided.
5 -B. Final Passage of Ordinance Amending the Alameda Municipal Code
by Repealing Section 22 -7 (Newspaper and Periodical Vending
Machines) of Article I (Streets), Chapter XXII (Streets and
Sidewalks) and Adding a New Section 22 -7 (Newspaper and
Periodical Vending Machines).
Final passage of this ordinance amends the Alameda Municipal Code by repealing
and replacing Section 22 -7 providing new criteria for design and placement of
newspaper and periodical vending machines.
5 -C. Final Passage of Ordinance Approving and Authorizing the
Execution of Second Amendment to Lease Agreement Between
Mariner Square and Associates, as Lessee, and the City of
Alameda, as Lessor, to Include an Additional Parcel of 2,739
Square Feet. [Requires four (4) affirmative votes]
Final passage of this ordinance approves a second amendment to a Lease
Agreement with Mariner Square & Associates to lease an additional 2,739 square
foot water parcel (Tidelands) to allow improved and reconfigured boat docks.
Dedicated to Excellence, Committed to Service
Honorable Mayor and Page 4
Councilmembers January 12, 2004
5 -D. Final Passage of Ordinance Approving Sale of Property
Associated with the Bridgeside Shopping Center from the City
of Alameda to the Community Improvement Commission.
Final passage of this ordinance approves the sale of the Bridgeside Shopping
Center from the City to the CIC.
Dedicated to Excellence, Committed to Service
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Chair and Members
of the Community Improvement Commission
From: James M. Flint
Executive Director
Date: January 7, 2004
Re: Recommendation to Authorize the Executive Director to Renew a Funding Agreement with
the Alameda Development Corporation
Background
In Fiscal Year 2002 -03, the Community Improvement Commission of the City of Alameda
(CIC) provided the Alameda Development Corporation (ADC) with a grant of $50,000 from the
Business and Waterfront Improvement Project (BWIP) Low and Moderate Income Housing
Fund. The grant was originally proposed as part of the Implementation Program for the
Economic Development Strategic Plan, the Alameda Downtown Vision and Housing Forum
Recommendations, which included an action step to "strengthen the ADC so it has the staff
capacity to develop more affordable housing projects." Grant funds were used to partially
support a new Executive Director and to partially fund the ADC's agreement with the Home
Buyer Assistance Center to help select qualified households for the affordable units at Marina
Cove. In June 2003, the term of the grant was extended through November 30, 2003, with no
additional funding. The ADC has requested that the CIC renew the Funding Agreement for
the remainder of the current fiscal year. They have requested a grant to partially support the
Executive Director, and a short-term loan to pay for a project manager for the homeownership
project at 626 Buena Vista Avenue. A copy of the proposed funding agreement is on file in
the City Clerk's office.
Discussion /Analysis
The ADC was incorporated in February 2000. Through November 2002, the organization was
run by a volunteer Board of Directors with assistance from City staff and consultants. During
that time, the ADC completed the purchase and initiated pre - development of 626 Buena Vista
Avenue, obtained 501(c)(3) status, recruited additional Directors, entered into an agreement
to administer the buyer selection process for the affordable units at Marina Cove, and
recruited and hired an Executive Director.
Since the CIC first entered into a funding agreement with the ADC, the ADC has continued to
work on 626 Buena Vista Avenue, completed the buyer selection process for Marina Cove,
held discussions with other developers about partnership opportunities and conducted
strategic planning sessions leading to the formulation of the ADC Strategic Action Plan. This
Plan serves as the basis for the work program in the proposed funding agreement. The ADC
also developed and implemented business and financial management systems, including
Dedicated to Excellence, Committed to Service Report #1 (CIC)
1 -20 -04
Honorable Chair and Members January 7, 2004
of the Community Improvement Commission Page 2
budgeting and accounting systems and personnel policies, and recruited and hired their
current Executive Director upon the departure of the first Executive Director.
In April 2003, the CIC was provided with information about changing conditions that had
increased the development costs of 626 Buena Vista Avenue beyond the budget. At the time,
the ADC was conducting further analysis to determine whether the original nine -unit design
might still be feasible with some additional funding and was evaluating options for
restructuring the project. The ADC has since determined that the amount of additional
funding needed to make the nine -unit project work is unreasonable, and has abandoned the
nine -unit design. The ADC recently hired a project manager to bring forward and carry out a
new project, most likely a single -lot subdivision with eight units.
Fiscal Impact
There is no impact on the General Fund. BWIP Low and Moderate Income Housing Funds
were approved as part of the Fiscal Year 2002 -03 budget and have been carried forward to
renew funding for the ADC. The proposed funding agreement includes two components: a
grant of $16,500 to partially support an Executive Director and a short-term loan of $32,200
for a project manager for the 626 Buena Vista Avenue project, for a total of $48,700. The
loan would be secured by an additional advance to the deed of trust currently recorded
against 626 Buena Vista Avenue and repaid from project funds within two years or at start of
construction, whichever is sooner. ADC funds make up the balance of the ADC operating
budget for the remainder of the year.
Recommendation
The Executive Director recommends authorizing the renewal of a Funding Agreement with the
Alameda Development Corporation.
Respectfully submitted,
. or. /
Pa Benoit
De elopment Services Dire tor
By: Rachel Silver
Development Manager, Housing
PB:RS:sb
cc: Alameda Development Corporation
Dedicated to Excellence, Committed to Service
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY - - - JANUARY 6, 2004 - - - 6:45 P.M.
Mayor Johnson convened the Special Meeting at 6:50 p.m.
Roll Call - Present: Councilmembers Daysog, Gilmore, Matarrese
and Mayor Johnson - 4.
Absent: Councilmember Kerr -1.
The Special Meeting was adjourned to Closed Session to consider:
(04- ) Conference with Legal Council - Existing Litigation; Name
of Case: City of Oakland v. City of Alameda and City Council.
Following the Closed Session, the Special Meeting was reconvened
and Mayor Johnson announced that the Council obtained a briefing
from Legal Counsel.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 7:12 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
January 6, 2004
CITY OF ALAMEDA
MEMORANDUM
Date: December 18, 2003
To: Honorable Mayor and
Members of the City Council
From: James Flint
City Manager
Re: Adoption of Resolution Authorizing the Donation of two old out of service
Alameda Fire Engines to Chabot and Columbia Junior Colleges.
Background
The Fire Department has two very aged and out of service fire engines, a 1968 Mack
and a 1971 Seagrave. Both of these engines do not meet their NFPA's 1901 (National
Fire Protection Association) pump testing requirements and firefighter safety issues.
Estimated costs to repair both of these old engines to meet to days NFPA and reliability
standards per a third party estimate is in excess of $500,000.00.
According to national fire service standards, fire engines should be replaced after 12
years of front -line service. The reasons for the industry specific standard is due to the
normal wear and tear experienced, the increased frequency and costs of repairs and
maintenance, the inability to find replacement parts, and fire fighter safety.
Discussion /Analysis
Donating these used out of service fire apparatus to the Chabot and Columbia College
Fire Educational Programs provides a rare opportunity for the City to give back to our
local fire educational system. These colleges have provided and continue to provide
highly qualified firefighter candidates to the City.
Dedicated to Excellence, Committed to Service
Re: Resolution #4 -C CC
1 -20 -04
The Honorable Mayor December 18, 2003
And Members of the City Council Page 2
Budget Considerations /Financial Impacts
No known financial impacts to the City. In the past we have sold our older used fire
apparatus through the City Auction. We received a nominal $300.00 for the last engine
sold at the City Auction.
Recommendations
The City Manager recommends donating the 1968 Mack and the 1971 Seagrave fire
engines to the Chabot and Columbia Junior College Fire Education Programs.
Attachment
Respectfully submitted,
ames L. Christiansen
Fire Chief
Dedicated to Excellence, Committed to Service
CITY OF ALAMEDA RESOLUTION NO.
AUTHORIZING THE DONATION OF OUT OF SERVICE
ALAMEDA FIRE ENGINES TO CHABOT AND COLUMBIA JUNIOR COLLEGES
FOR EDUCATIONAL PURPOSES
WHEREAS, the City of Alameda has two old fire engines which it no longer
needs or uses, a 1968 Mack and a 1972 Seagrave; and
WHEREAS, the two fire engines could be used for training purposes; and
WHEREAS, the City of Alameda obtains some of its fire recruits from both
Chabot College and Columbia College, both of which have fire training programs; and
WHEREAS, both Chabot College and Colombia College are open to enrollment
for citizens of Alameda; and
WHEREAS, the City Council of the City of Alameda would like to increase the
educational opportunities for its citizens at the various community colleges in Northern
California as well as insure that the fire- training programs from which the City recruits
have well - trained recruits.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda that:
Section 1. The City Council authorizes the donation of two old fire engines, one
each to Chabot College and Columbia College, pursuant to the Acceptance of Donation
attached as Exhibit A and B.
Section 2. Based on the recitals above, the City Council finds that the donation
of the fire engines will provide a public benefit to the citizens of Alameda by providing
educational opportunities that will be available to citizens of Alameda and by insuring
that there will be well - trained firefighters to serve the City of Alameda.
Resolution # 4 -C CC
1 -20 -04
ACCEPTANCE OF DONATION
On this i day of November, 2003, the Chabot College ( "College "), a community
college within the Chabot -Las Positas Community College District, hereby accepts the
donation of one (1) fire engine more specifically described in Exhibit "A" attached hereto
and incorporated herein by reference, from the City of Alameda ( "City ").
In accepting this donation, College hereby acknowledges that it is taking the fire engine
in an "AS -IS" condition and that Alameda disclaims any implied warranty of condition,
merchantability or fitness for any particular purpose. The fire engine described in Exhibit
"A" is transferred without warranty of any kind and Seller makes no warranty as to its
usability generally or as to its fitness for any particular purpose.
College hereby agrees to hold harmless, defend, and indemnify. City (which includes the
City of Alameda, its City Council, their Boards and Commissions, officers and
employees) from any and all liability, claims, demands, damages, expenses, and causes
of action whatsoever arising out of or related to any loss, damage, or injury, including
death, that may be sustained by any person or property (including College or any of
College's employees or students), whether caused by the negligence of the City or
otherwise, arising out of or connected with fire engine, including but not limited to the
sale, delivery, removal, relocation, possession, use or misuse of the fire engine.
College, for and on behalf of itself, and its officers, employees, agents, students and
volunteers, does fully and .forever remise, release and discharge City, its officers,
employees and agents of and from any injury and harm, including death or damage to
any property, however caused, relating to College's use of the fire engine, whether
caused by the negligence of the City or otherwise.
In signing this Acceptance of Donation, College hereby represents that the person
signing this Acceptance has the authority to make the acknowledgments and bind the
College to the hold harmless, defense and indemnification provision above.
IN WITNESS WHEREOF, the parties have caused this Acceptance of Donation to be
executed on the day and year first written above.
CHABOT COLLEGE
By:
Title: Vice Chancellor, Business Sdrvices
EXHIBIT A
Apjlred as to Form:
CITYATTCy_ NEY
ACCEPTANCE OF DONATION
Exhibit "A"
• One 1972 Seagrave Fire Engine
• VIN #20108104
ACCEPTANCE OF DONATION
On this 9th day of August, 2003, the Columbia College ( "College "), a
community college within the Yosemite Community College District , hereby accepts the
donation of one (1) fire engine more specifically described in Exhibit "A" attached hereto
and incorporated herein by reference, from the City of Alameda ( "City "), subject to the
conditions set forth herein.
In accepting this donation, College hereby acknowledges that it is taking the fire
engine in an "AS -1S" condition and that Alameda disclaims any implied warranty of
condition, merchantability or fitness for any particular purpose. The fire engine described
in Exhibit A is transferred without warranty of any kind and Seller makes no warranty as
to its usability generally or as to its fitness for any particular purpose.
College hereby agrees to hold harmless, defend, and indemnify City (which includes
the City of Alameda, its City Council, their Boards and Commissions, officers and
employees) from any and all liability, claims, demands, damages, expenses, and causes
of action whatsoever arising out of or related to any loss, damage, or injury, including
death, that may be sustained by any person or property (including College or any of
College's employees or students) whether caused by the negligence of the City or
otherwise, arising out of or connected with the fire engine, including but not limited to the
sale, delivery, removal, relocation, possession, use or misuse of the fire engine.
College for and on . behalf of itself, and its officers, employees, agents, students and
volunteers, does fully and forever remise, release and discharge City, its officers,
employees and agents of and from any injury and harm, including death or damage to any
property, however caused, relating to College's use of the fire engine, whether caused by
the negligence of the City or otherwise.
In signing this. Acceptance of Donation, College hereby represents that the person
signing this Acceptance it has the authority to make the acknowledgments and bind the
College to the hold harmlesd, defense and indemnification provision above.
IN WITNESS WHEREOF, the parties have caused this Acceptance of Donation to
be executed on the day and year first written above.
COLUMBIA COLLEGE
Title:
Teresa M. Scott
Vire chancellor
For Fiscal Services
EXHIBIT B
AggrITORNE7
=to Form:
ACCEPTANCE OF DONATION
Exhibit "A"
• One 1968 CF Mack Fire Engine
• VIN # CF719F210000
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 a regular meeting assembled on the
day of , 2004, by the following vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this
day of , 2004.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
Date: January 7, 2004
To: Honorable Mayor and
Councilmembers
From: James M. Flint
City Manager
Re: Introduction of Ordinance Approving and Authorizing the Sale of a Vacated Portion of
Adams Street (Requires Four Affirmative Votes).
BACKGROUND
On September 6, 1983, the City Council adopted Resolution of Intention No. 10148, declaring its
intention to order the vacation of portions of Adams Street and Leandro Street. On October 4,
1983, the City Council held a Public Hearing and unanimously adopted Resolution No. 10170,
ordering the vacation of those parcels with no reservation of easement or public right -of -way.
DISCI TSSTON /ANALYSTS
In July 2003, Mr. Forrest Reed contacted the City to discuss purchasing one of the parcels vacated
by Resolution No. 10170. The triangular shaped parcel is at the northwest comer of Adams Street
and Fernside Boulevard and is a remnant of the abandonment of Leandro Street and the
construction of Fernside Boulevard. This property is no longer a public right -of -way and is not
adjacent to any existing residences or structures. Mr. Reed is the owner of an adjacent parcel at
Adams Street and Fernside Boulevard and plans to build on the site. Mr. Reed's lot (Assessor's
Parcel Number 74- 069 - 0027 - 037 -01) is less than 5,000 square feet and is not a buildable lot
without the City's property. (See attached drawing)
In September 2003, the City received a purchase offer from Mr. Reed for the appraised value of
$15.00 per square foot. The size of the property is approximately 733 sq. ft. The total sale offer is
$11,000. The City Charter allows the City Council to sell real property with four affirmative votes.
Public Works staff has reviewed the purchase offer and determined the offer is consistent with the
market value of other non - buildable vacant property.
RI TDGRT CONSIDER ATTONS/FTNANCTAT, IMPACT
There will be a one -time increase in revenue to the City's General Fund of $11,000, less the costs of
sale. Mr. Reed will pay the escrow fees and recording costs associated with the purchase; the City
will pay for any transfer costs.
Dedicated to Excellence, Committed to Service
Department
Public W k for You
Re: Intro of Ordinance #4 -D CC
1 -20 -04
Honorable Mayor and
Councilmembers
Page 2
January 7, 2004
RNVTRONMFNTAT, REVIEW
The sale of this property is exempt from CEQA review under CEQA Guideline Section 15312,
Surplus Government Property Sales.
MTTNTCTPAT. CODE CROSS REFERENCE,
This ordinance does not affect the Alameda Municipal Code.
RECOMMENDATION
The City Manager recommends that City Council introduce the proposed Ordinance approving and
authorizing the sale of a vacated portion of Adams Street (requires four affirmative votes).
Respect fty submitted,
Matthew T. Naclerio
Public Works Director
MTN /MM:dl
Attachment — Exhibit A
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(I/2/ i- i'Th
By: Marge McLean de
Acting Public Works Coordinator
Dedicated to Excellence, Committed to Service
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Department
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By Mr. Reed
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ti / w WHEREAS, pursuant to City Charter section 3 -10, no real property of the City
shall be leased for a period in excess of one year or sold, except for an affirmative vote of
Ofour members of the City Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda
and upon the affirmative vote of four members that:
CITY OF ALAMEDA ORDINANCE NO.
APPROVING AND AUTHORIZING THE SALE OF A OF VACATED PORTION
OF ADAMS STREET (REQUIRES FOUR AFFIRMATIVE VOTES)
WHEREAS, the California Streets and Highways Code authorizes the City
Council to grant a street vacation upon finding of General Plan conformity and after
receiving the recommendation of the Planning Board; and
WHEREAS, on October 4th, 1983, Resolution No. 10170, finding vacation of
Adams Street at Fernside Boulevard consistent with the General Plan and approving the
vacation was adopted by the City Council; and
WHEREAS, on January 12, 2004 the Planning Board resolved that the sale of the
vacated portion of Adams Street to be consistent with the requirements of Government
Code 65402; and
WHEREAS, the sale of this property is exempt from CEQA review under CEQA
Guideline Section 15312 "Surplus Government Property Sales "; and
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Section 1. That the purchase offer attached as Exhibit A and the terms, conditions
and covenants contained therein are hereby approved.
Section 2. That the City Manager or his designee is authorized to execute on
behalf of the City the sale of the vacated portion of Adams Street at Fernside Boulevard
to the adjacent property owner, Forrest Reed, and the City Clerk is directed to attest to the
same.
Introduction of Ordinance # 4 -D CC
1 -20 -04
COUNTER OFFER TO PURCHASE
REAL ESTATE
Be it known, the undersigned, City of Alameda, Marge McLean, (Seller), hereby offers the
counter offer to Forrest Reed's offer dated October 6, 2003 on behalf of himself (Buyer) to
purchase from the City of Alameda (Owner /Seller) vacant real estate at the northeast corner of
Adams Street and Fernside Boulevard, within the City and County of Alameda, California. The
selling price shall be at $15.00 per square foot, as per the completed appraisal. For a total price
of $11,000. The offer is conditional upon the following terms ,and conditions and upon City of
Alameda City Council approval of sale:
1. The Purchase Price shall be paid by the Buyer to the Seller in cash at the closing.
2. Title to the Subject Property shall be conveyed to the Buyer by a Grant Deed.
3. Escrow for purchase of the Subject Property shall be opened by Buyer at an Escrow
office located within the City of Alameda. Costs for said escrow shall be paid by Buyer.
4. As a condition of closing, the Seller shall provide the Buyer with a standard ALTA
owner's policy of title insurance issued by the Escrow Holder in the face amount of the
Purchase Price. Said policy shall insure that fee title interest in the Subject Property is
vested in Buyer subject to no exceptions in the policy other than mutually agreed upon
Permitted Exceptions. The premium for the title insurance policy shall be paid solely by
the Buyer.
5. Buyer acknowledges that Buyer is familiar with the Subject Property and the underlying
soil conditions. As a result, the Seller is making no representations or warranties
regarding the Subject Property, and the Buyer agrees to purchase the Subject Property
"AS IS" and is solely relying on its own knowledge and investigation of the Subject
Property. Buyer is solely responsible for determining whether buyer's parcel, when
combined with purchased parcel, meets city requirements for a "buildable" parcel.
Page 2
6. Seller shall pay for recording fees and transfer taxes.
7. The closing shall occur within 90 days of acceptance of this offer and/or approval by City
Council.
8. Buyer to prepare and obtain approval of lot adjustment map, certificate of compliance
and/or other maps and documents as needed to accomplish this sale.
9. Seller acknowledges receipt of Buyer's check in the amount of $5,000 as both a good
faith deposit and to cover Seller's administration costs associated with sale of this
property and agrees that any and ail remaining funds from this deposit will be credited
towards the purchase price as part of escrow.
10. Seller also acknowledges that should the City Council not authorize the sale of this
property, the deposit of $5,000, will be returned in full.
Marge Mc : n
Acting Pu ' Works Coordinator
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 , 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of aid City
this day of , 2004.
Lara Weisiger, City Clerk
City of Alameda
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CITY OF ALAMEDA CITY COUNCIL RESOLUTION NO.
DENYING THE APPEAL AND UPHOLDING THE PLANNING BOARD'S DENIAL OF
PLANNED DEVELOPMENT AMENDMENT, PDA03 -0004, AND MAJOR DESIGN REVIEW,
DR03 -0110 AT 1198 HILLERY WAY
WHEREAS, an application was made on August 14, 2003, by Kenneth Pratt of 1198 Hillery Way,
requesting approval of a Planned Development Amendment, PDA03 -0004, and Major Design Review,
DR03 -0110 for: 1) the construction of an approximately 12.5 -foot by 14 -foot redwood arbor covering the
rear patio; and 2) the construction of an 11 -foot by 9 -foot deck, approximately 12- inches high with an
approximately 10 -foot high arbor constructed above the deck (a gazebo). This gazebo is constructed
approximately 4 -feet from the rear and side property lines and accommodates a hot tub.
WHEREAS, the application was accepted as complete on September 13, 2003; and
WHEREAS, the subject property is designated Medium Density Residential on the General Plan
Diagram; and
WHEREAS, the subject property is located in a R -2 -PD, Two Family, Planned Development Zoning
District; and
)-•
ELI WHEREAS, the Planning Board held a public hearing on this application on December 8,
2 2003, and examined pertinent maps, drawings, and documents and denied the Planned Development
Amendment and Major Design Review applications; and
WHEREAS, on December 10, 2003, Kenneth Terry Pratt filed an appeal to the action of the
> Planning Board; and
1 WHEREAS, on January 20, 2003, the City Council held a public hearing and examined
pertinent documents as well as the record of the Planning Board hearing; and
WHEREAS, the City Council considered staff responses to the bases of the appellants'
appeal as set out in the staff report, which is hereby incorporated by reference, and finds that there
are no merits to the appeal; and
WHEREAS, the City Council of the City of Alameda makes the following findings with
respect to the appellant's bases of appeal and relative to the Planned Development Amendment
application:
1. The proposed Planned Development Amendment is consistent with the General Plan, which
specifies medium density residential uses for this site because it does not alter the residential
density of the development.
2. The proposed project is not compatible with the Planned Development, PD- 00 -02, because it
proposes accessory structures that are prohibited by the conditions of this approved planned
development subdivision (City of Alameda Resolution No. 13397).
Resolution # 5 -A
1 -20 -04
3. The proposed project, will adversely affect other property in the vicinity, because the use of this
rear yard area would be not be buffered from adjacent properties because of the limited
distances between structures.
WHEREAS, the City Council of the City of Alameda makes the following findings with
respect to the appellant's bases of appeal and relative to the Major Design Review application:
1. The project will not have significant adverse effects on persons or property in the vicinity
because;
This finding cannot be made. The patio cover and gazebo are typical garden/open space elements that
do not remove open space, however, they would expose the adjacent residences to adverse affects of
pump noise associated with the use of the hot tub and potential privacy reduction.
2. The additions will be compatible and harmonious with the design and use of surrounding
properties because;
This finding cannot be made. Although redwood deck and arbor elements are compatible garden and
open space elements, which are typically used throughout Alameda and will match the architectural
character of the residence and adjacent structures, the use of these accessory structures would expose
the adjacent residences with unacceptable levels of noise that is not compatible with the use of the
adjacent residences.
3. The additions will be consistent with the City's Design Review Guidelines because;
This finding cannot be made. The installations are not consistent with the City of Alameda Design
Review Guidelines because it presents detrimental impacts to adjacent properties associated with the
mechanical noise of the hot tub and privacy reduction and therefore, is not compatible and harmonious
with the existing residential structures and uses of adjacent residences.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Alameda
hereby determines that the proposal is Categorically Exempt under California Environmental Quality
Act Guidelines, Section 15301 - Minor Expansion of Existing Structures.
NOW THEREFORE BE FURTHER RESOLVED that the City Council disapproves the
appeal and upholds the Planning Board's denial of Planned Development Amendment, PDA03 -0004
and Design Review, DR03 -0110.
NOTICE. The time in which to seek judicial review of the appeal of this resolution is
governed by the California Code of Civil Procedure, Section 1094.6 and Government Code, Section
65009 (c).
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 a regular meeting assembled on the
day of , 2004, by the following vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this
day of , 2004.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING SECTION 22 -7
(NEWSPAPER AND PERIODICAL VENDING MACHINES) OF ARTICLE I
(STREETS), CHAPTER XXII (STREETS AND SIDEWALKS) AND ADDING A
NEW SECTION 22 -7 (NEWSPAPER AND PERIODICAL VENDING MACHINES)
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by repealing
Section 22 -7 (Newspaper and Periodical Vending Machines) of Article I (Street), Chapter
XII (Streets and Sidewalks) in its entirety.
Section 2. The Alameda Municipal Code is hereby amended by adding a new
Section 22 -7 (Newspaper and Periodical Vending Machines) to Article I (Streets) of
Chapter XXII (Streets and Sidewalks) thereof to read:
22 -7 NEWSPAPER AND PERIODICAL VENDING MACHINES.
22 -7.1 Purpose
The purposes of this section are to:
a. Promote the City's substantial interests in preserving and enhancing the public health,
safety, welfare and convenience by ensuring that the public streets, sidewalks and
parkways are not unreasonably obstructed by newspaper and periodical vending
machines.
b. Recognize and support the use of public streets, sidewalks and parkways as public
forums for the sale and distribution of newspapers and periodicals through vending
machines.
c. Establish reasonable regulations that balance the right to distribute information
through newspaper and periodical vending machines with the right of persons to
reasonably access and use public property.
d. Provide for the designation of "Special Newsrack Areas" upon findings that the
special circumstances of an area require special design, placement and other standards
for newspaper and periodical vending machines in order to promote less congested
and more visually appealing public streets, sidewalks and parkways.
e. Ensure that the regulations on the time, place and manner of the placement, location
and maintenance of newspaper and periodical vending machines set forth in this
section are carefully tailored to implement the purposes stated in this section while
still providing ample opportunities for the distribution of information through
newspaper and periodical vending machines to the public.
Final Passage of Ordinance # 5 -B
1 -20 -04
22 -7.2 Definitions
As used in this section:
a. "Newsrack" shall mean any city- authorized self-service or coin operated box,
container, cubicle, storage unit or other dispenser installed, used or maintained for the
display and sale or free distribution of newspapers, news periodicals, commercial
handbills, or other publications.
b. "Special Newsrack Area" shall mean any area of the City so designated by the City
Council upon findings that the special circumstances of the area require special
design, placement and other standards for Newsracks. The Council shall designate a
Special Newsrack Area by resolution.
c. "Special Newsrack Container" shall mean a permanently affixed container or pedestal
provided by or on behalf of the City within which shall be the exclusive location for
the placement of permitted Newsracks in a Special Newsrack Area.
d. "Special Newsrack Insert" shall mean a self - service or coin operated insert, cubicle,
box, container, storage unit or other dispenser installed, used or maintained within a
Special Newsrack Container for the display and sale or free distribution of
newspapers, news periodicals, commercial handbills, or other publications. All
Special Newsrack Inserts installed within an approved Special Newsrack Area shall
conform to the exact specifications of the approved Special Newsrack Container for
that area.
e. "Abandoned Newsrack" shall mean any Newsrack or Special Newsrack Insert, which
remains empty for fourteen calendar days. However, a Newsrack or Special
Newsrack Insert remaining empty due to labor strike or any temporary or
extraordinary interruption of distribution or publication by the newspaper shall not be
deemed abandoned.
f. "Public Works Director" shall mean the Public Works Director or the Director's
designated agent.
22 -7.3 Standards and Prohibitions for Newsracks
a. No person shall install, use or maintain any Newsrack or Special Newsrack Container
which rests on, projects onto, into or over any part of the roadway. Roadway shall
mean the paved travelway curb to curb.
b. No person shall install, use or maintain any Newsrack or Special Newsrack Container
which in whole or in part rests on or projects over any sidewalk when such
installation, use or maintenance endangers the safety of persons or property, or when
such site or location is used for public utility purposes, public transportation purposes
or other government use, or when such Newsrack or Special Newsrack Container
unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic,
the ingress into or egress from any residence, place of business, or the use of poles,
posts, traffic signs or signals, hydrants, mailboxes, parking meters, or other objects
permitted at or near the location. For the purposes of this ordinance, "sidewalk" is
defined in section 22 -16.1 of the Municipal Code.
c. No Newsrack shall exceed five (5') feet in height, thirty (30 ") inches in width, or two
(2') feet in depth.
d. Newsracks or Special Newsrack Containers shall only be placed near a curb or
adjacent to the wall of a building. No portion of any Newsracks or Special Newsrack
Containers placed near the curb shall be placed less than eighteen (18 ") inches or more
than twenty -four (24 ") inches from the edge of the curb. Newsracks and Special
Newsrack Containers placed adjacent to the wall of a building shall be placed parallel
to such wall and not more than six (6 ") inches from the wall. No Newsrack or Special
Newsrack Container shall be placed or maintained on a sidewalk opposite a
newsstand, or another Newsrack or another Special Newsrack Container.
e. Newsracks, which otherwise conform to the provisions of this subsection, may be
chained, bolted or otherwise attached to any pole or standard located within the public
right -of -way, provided that any such rack shall be removed immediately upon request
of the City Engineer Public Works Director when removal is in the public interest or
when the rack is subject to seizure pursuant to subsection 22.7 -5 22 -7.6.
f Newsracks may be chained or otherwise attached to one another provided that there is
a three foot (3') space between each fifteen feet (15') of Newsracks.
g. Newsracks or Special Newsrack Containers may be installed using recessed tie down,
concrete rack holders, or other methods subject to the approval of the Public Works
Director.
h. No Newsrack or Special Newsrack Container shall be placed, installed, used or
maintained:
1. Within any neighborhood that is zoned residential;
2. Within five feet (5') of the curb return of any signalized intersection;
3. Within fifteen feet (15') of the curb return of any unsignalized intersection;
4. Within three feet (3') of any fire hydrant, fire call box, police call box or other
emergency facility;
5. Within three feet (3') of any driveway;
6. Within fifteen feet (15') to the rear of any sign marking a designated bus stop, or
three feet (3') ahead of such marking or designation where another pole or
standard, which conforms to the provisions of this subsection, is located within
ten feet (10') of each marking or designation;
7. Within three feet (3') of any bus bench;
8. At any location whereby the clear space for the passageway of pedestrians is
reduced to less than six feet (6');
9. Within three feet (3') of any area improved with lawn, flowers, shrubs or trees.
i. No Newsrack or Special Newsrack Container shall be used for advertising signs or
publicity purposes other than that dealing with the display, sale or purchase of the
newspaper or periodical sold therein.
j. Each Newsrack, Special Newsrack Container, or Special Newsrack Insert shall be
maintained in a neat, painted, graffiti -free and clean condition and in good repair at
all times and shall be cleaned on a regular basis. For example, without limitation,
every Newsrack, Special Newsrack Container, or Special Newsrack Insert shall be
reasonably free of dirt and grease, be reasonably free of chipped, faded, peeling or
cracked paint, be reasonably free of rust and corrosion, have no broken or cracked
plastic or glass parts, and have no broken structural parts.
k. Every person who places or maintains a Newsrack or Special Newsrack Insert within
the public right -of -way in the City of Alameda shall install a permanent (i.e.
reasonably vandal proof) plaque or sticker on the Insert, no smaller than a standard
business card [i.e. approximately two inches (2 ") by three inches (3 ")], specifying
his/her name, current address and current phone number affixed thereto in a place
where such information may be easily seen.
1. Abandoned Newsracks or Special Newsrack Inserts may be removed pursuant to
subsection 22 -7.5 of this ordinance if the owner of the Newsrack or Special Newsrack
Insert fails to remedy the violation to the satisfaction of the Public Works Director.
Further, the City may revoke the encroachment permit of the Abandoned Newsracks.
m. It shall be unlawful to locate a Newsrack within a Special Newsrack Area.
n. It shall be unlawful to locate a Special Newsrack Insert within a Special Newsrack
Container without first obtaining an encroachment permit as outlined herein.
22 -7.4 Special Newsrack Areas
a. The City Council hereby finds that special circumstances require special design,
placement and other standards for newsracks Special Newsrack Containers and
Special Newsrack Inserts located within certain areas of the City; and such areas are
hereby designated as "Special Newsrack Areas."
b. In order to designate an area as a Special Newsrack Area, a written request must be
made to the Development Services Director by either an established business
association or retail shopping center or by sixty percent of the property owners within
a proposed Special Newsrack Area. The request must identify the boundaries of the
proposed Special Newsrack Area and the locations of each Special Newsrack
Container. The boundaries of the Area and locations of the Containers must be
approved by the Public Works Director. The request must also identify a funding
source and plan for the purchase, installation, maintenance, and enforcement of any
Special Newsrack Containers and Special Newsrack Inserts.
c. In determining whether to designate an area as a Special Newsrack Area, the City
Council will also consider the characteristics of an area, including but not limited to:
whether the area is in a downtown area; is congested with street furniture and other
sidewalk encroachments, automobiles and other means of travel competing with
pedestrians for the public space; and whether special standards for the design and
location of newsracks is appropriate to help create a less congested and more visually
appealing environment for those who come to the area.
d. The City Council shall determine whether an area should be designated as a Special
Newsrack Area and shall do so by resolution.
e. Notwithstanding any contrary provisions in this section, the following special
standards shall apply to Special Newsrack Inserts and placement of publications in
Special Newsrack Containers within any Special Newsrack Area:
1. No Special Newsrack Inserts shall be located in a Special Newsrack Area except
in City approved Special Newsrack Containers at locations approved by the
Public Works Director. In order to be able to place a Special Newsrack Insert
within the Special Newsrack Container, the owner must first obtain an
encroachment permit in accordance with subsections 22.7 -6 through 22 -7.8.
2. The Special Newsrack Insert shall meet the special design standards established
by the City and on file with the Permit Center. The name and/or logo of the
publication shall be on the front face of the Special Newsrack Insert only and
shall be displayed in the color white or an alternate color approved by the Public
Works Director.
3. A plan designating the locations of City approved Special Newsrack Containers
shall be on file with the Permit Center.
f. Within thirty days from the effective date of a resolution designating a Special
Newsrack Area, or as soon as practicable thereafter, the Public Works Director shall
establish a date (the "cut -off date ") by which existing Newsracks shall be removed
and application shall be made to the Permit Center for every Special Newsrack Insert
proposed to be located in the Special Newsrack Area. No application shall be
considered that is filed later than the cut -off date established for that area. The Public
Works Director shall give notice of the cut -off date by publication once in a
newspaper of general circulation in the City. The Public Works Director shall also
make a reasonable effort to mail notices of the cut -off date to the owners and/or
distributors of Newsracks existing within the Special Newsrack Area; provided,
however, that failure to provide mailed notice to any person shall not invalidate any
action taken pursuant to this section.
22 -7.5 Abatement of Violation
a. The City has discretion in deciding whether to relocate or seize Newsracks or Special
Newsrack Inserts that are in violation of this ordinance. The City may move the non-
compliant Newsrack or Special Newsrack Inserts to another location nearby or may
seize the Newsrack, or Special Newsrack Inserts in accordance with the procedures
set forth below. If the City (or its designated agent) chooses to relocate the non-
compliant Newsrack to a location within fifty yards, the owner will not be notified. A
Newsrack or Special Newsrack Container that is placed in a Special Newsrack Area
in violation of this ordinance will not be moved to another location by the City but
will be seized in accordance with the procedures set forth below.
b. Before any Newsrack, Special Newsrack Container or Special Newsrack Insert is
seized, the owner shall be notified and given ten (10) calendar days to remedy the
violation or to appear at the office of the Public Works Director to contest seizure in
an informal administrative forum.
c. Notwithstanding the provisions of subsections (a) and (b) above, prior notice of
seizure is not required where the Newsrack, Special Newsrack Container or Special
Newsrack Insert poses a danger to pedestrians or vehicles, provided notice of the
seizure and opportunity to contest is given the owner within ten (10) calendar days of
the seizure.
d. Owners shall be notified of the seizure of a Newsrack, Special Newsrack Insert, or
Special Newsrack Container within ten (10) calendar days of seizure. An owner shall
have ten (10) days from the date notice was mailed to file an appeal with the Public
Works Director stating why the owner believes the seizure was made in error.
Within fifteen (15) calendar days of receiving an appeal, the Public Works Director
shall render a written decision as to whether the Newsrack or Special Newsrack Insert
violated this section.
e. Seized Newsracks, Special Newsrack Containers or Special Newsrack Inserts shall be
retained and may be recovered by their owner within thirty (30) calendar days from
their seizure upon payment by the owner of the cost of removal and storage. If the
Public Works Director determined that the seizure was made in error, the owner will
not be charged for the cost of the removal or storage and may place the Newsrack,
Special Newsrack Container or Special Newsrack Insert in its previous location.
f. Newsracks, Special Newsrack Containers or Special Newsrack Inserts which have
been seized and are not claimed within thirty (30) calendar days shall be deemed
abandoned and may be disposed of or destroyed by City or its designated agent.
g. In addition to the seizure and abatement remedies described above, the City may also
pursue civil and/or criminal remedies. For purposes of a criminal action, violations of
this ordinance constitute a misdemeanor.
22 -7.6 Liability Coverage
a. Each owner of a Newsrack or Special Newsrack Insert shall, within thirty (30) days
of the effective date of this section, furnish to the Permit Center a certificate that the
owner has then in force public liability and property damage insurance, naming the
City as an additional insured, in an amount not less than three hundred thousand
($300,000.00) dollars minimum liability combined single limit (bodily injury and
property damage) per person and per occurrence. The owner shall provide and keep in
force the policy of public liability insurance during such time as it continues to locate
any Newsrack or Special Newsrack Insert within the City. The evidence of insurance
filed with the City shall include a statement by the insurance carrier that thirty (30)
days notice shall be given to the City before any cancellation. Copies of these policies
or certificates evidencing the same shall be filed with the City Clerk.
b. Every person who places, maintains or causes the placement or maintenance of a
Newsrack or Special Newsrack Insert in the public right -of -way shall file a written
statement with the City Clerk satisfactory to the City Attorney whereby he /she /it
agrees to hold harmless, defend, and indemnify the City, its City Council, boards and
commissions, officers and employees from any loss or liability or damages, including
expenses and costs for bodily or personal injury related to or caused by the Newsrack
or Special Newsrack Insert, and for property damage sustained by any person as a
result of the installation, use or maintenance of such Newsrack or Special Newsrack
Insert. Such statement shall be filed no later than thirty (30) days after the effective
date of this section.
22 -7.7 Encroachment Permit — Requirement for Special Newsrack Area
a. In addition to complying with subsection 22 -7.6 regarding Liability Coverage, in
order to place a Special Newsrack Insert within a Special Newsrack Container an
owner must first obtain an encroachment permit and pay all applicable permit fees.
b. Unless sooner suspended or revoked, the term of the encroachment permit shall be for
one year. The permit owner shall pay an annual renewal fee as set forth in the Master
Fee Resolution.
c. Encroachment permits are non - transferable and may not be sold, assigned, or
otherwise transferred. If the Public Works Director determines that a Special
Newsrack Insert in a Special Newsrack Area has been Abandoned, the City (or its
designated agent) may revoke the encroachment permit and issue that permit to
another publication.
d. The City will use its best efforts to approve an application for an encroachment permit
within fifteen (15) calendar days of receipt of the application if the type of Special
Newsrack Insert and the location(s) proposed meet the standards set forth in this
ordinance.
e. If an application is disapproved, in whole or in part, the Public Works Director shall
notify the applicant(s) in writing and by explaining the reasons for denial of the
encroachment permit. The applicant(s) shall have fifteen (15) calendar days from the
mailing of such notice to file an appeal of the decision with the Permit Center. The
City Clerk shall schedule the appeal before the City Council who may reverse, affirm,
or modify the decision so long as such action is in conformity with the provisions of
this ordinance.
22 -7.8 Encroachment Permit - -- Allocation of Space within Special Newsrack
Container
a. In the event that there are more applications for Special Newsrack Inserts than there
are spaces in a particular Special Newsrack Container or in a particular Special
Newsrack Area, then the Public Works Director shall issue permits as set forth below.
b. The Public Works Director shall allocate spaces in Special Newsrack Containers as
follows:
1. First priority shall be given to daily publications;
2. Second priority shall be given to twice weekly publications;
3. Third priority shall be given to weekly publications;
4. Fourth priority shall be given to publications published less than weekly but more
than monthly;
5. Fifth priority shall be given to publications published monthly or less frequently.
c. In the event of a tie in any of the above categories, the following rules shall apply to
break that tie.
1. No publication may receive a space in the particular Special Newsrack Container
until the other publications that have applied for a space in that Container have
had an opportunity to select a space in at least one Container within the Special
Newsrack Area.
2. In the event that this does not break the tie, no publication may receive more than
one space for a Special Newsrack Insert in any particular Special Newsrack
Container until the other publication that applied for a space in that Container has
had the opportunity to select a space.
3. Finally, if a tie still exists, priority shall be given to the publication that has been
"historically located" closest to the location where the Special Newsrack
Container will be placed. Prior to designating an area as a Special Newsrack
Area, the City (or its designated agent) will completed a survey of the Area in
order to identify the location of every publication's freestanding Newsrack in the
Area. The publication which is "historically located" closest to the Special
Newsrack Container according to the City's (or its designated agent's) survey will
take priority in selecting a space within that Container.
Section 3. 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 of the City 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 , 2004, by the following vote 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 , 2004.
Lara Weisiger, City Clerk
City of Alameda
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CITY OF ALAMEDA ORDINANCE NO.
New Series
APPROVING AND AUTHORIZING THE EXECUTION OF SECOND
AMENDMENT TO LEASE AGREEMENT BETWEEN MARINER
SQUARE AND ASSOCIATES, AS LESSEE, AND THE CITY OF
ALAMEDA, AS LESSOR, TO INCLUDE AN ADDITIONAL PARCEL
OF 2,739 SQUARE FEET
WHEREAS, at the November 15, 1985 City Council meeting, by Ordinance No.
2257, the City Council approved execution of Lease with Mariner Square and Associates for
property located at the end of Mariner Square Drive; and
WHEREAS, at the January 4, 2000 City Council meeting, by Ordinance No.
2822, the City Council approved execution of the First Amendment to the Lease with Mariner
Square and Associates for property located at the end of Mariner Square Drive; and
WHEREAS, Mariner Square and Associates, a California limited partnership,
desires to lease an additional parcel of 2,739 square feet that is adjacent to a parcel already
owned by Mariner Square and Associates, and near the parcel previously leased from the City to
Mariner Square and Associates; and
WHEREAS, the expiration of the initial term, and the optional 25 year extension
would be the same as is now contained in the existing Mariner Square Lease adopted. November
15, 1985 by Ordinance No. 2257; and
WHEREAS, the Council of the City of Alameda finds and determines that the use
of the property proposed in the Amendment of Lease' to provide for additional marine berthing
space is in the best interests of the City and that said property be leased to Mariner Square and
Associates; and
WHEREAS, pursuant to City Charter section 3 -10, no real property of the City
shall be leased for a period in excess of one year or sold, except upon the affirmation vote of four
members of the Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda,
by four affirmative votes that:
Section 1. That the form of Amendment of Lease referred to in the memo from
The City Manager, James M. Flint, dated December 17, 2003, presented at the City Council
meeting of January 6, 2004, and the terms, conditions and covenants therein be, and the same are
hereby approved.
G:\ Lynette \Ordinances \Ordinance04 \12 -16 -03 Mariner Square Ordinance.doc
Final Passage of Ordinance # 5 -C
1 -20 -04
Section 2. That the City Manager of the City of Alameda is hereby authorized to
execute, for and on behalf of the City of Alameda, an Amendment to Lease substantially in the
form and containing the terms and conditions and covenants as set out in the Amendment to
Lease and the City Clerk is hereby authorized and directed to attest to the same.
Section 3. 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 of the City 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 , 2004, by the following vote 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 , 2004.
Lara Weisiger, City Clerk
City of Alameda
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CITY OF ALAMEDA ORDINANCE NO.
New Series
APPROVING SALE OF PROPERTY ASSOCIATED WITH
THE BRIDGESIDE SHOPPING CENTER FROM THE
CITY OF ALAMEDA TO THE COMMUNITY IMPROVEMENT COMMISSION
WHEREAS, the Community Improvement Commission of the City of Alameda
( "Commission ") is carrying out the Community Improvement Plan ( "Plan ") for the
Business and Waterfront Improvement Project ( "Community Improvement Project "); and
WHEREAS, the Commission has approved a Disposition and Development
Agreement ( "DDA ") by and between the Commission and Regency Realty Group, Inc.
( "Developer "), dated December 3, 2003, which provides for the acquisition and sale of
certain real property located in the City of Alameda bounded by Blanding Avenue, Tilden
Way, and the Oakland Estuary, which, as and if assembled, is approximately 9.0 acres in
size (the "Site ") to the Developer for construction and installation of an approximately
108,000 square foot community shopping center consisting of an approximately 58,660
square foot high - quality grocery store, in -line retail space and office space, out parcel
uses and appurtenant on -site and off -site improvements; and
WHEREAS, the Commission desires to purchase the City Parcel from the City for
a sum of One Dollar ($1.00) and transfer it to the Developer in accordance with the
DDA; and
WHEREAS, pursuant to City Charter section 3 -10, no real property of the City
shall be leased for a period in excess of one year or sold, except upon the affirmation vote
of four members of the City Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda
and by four affirmative votes that:
Section 1. The City Manager of the City of Alameda is hereby authorized to
execute, for and on behalf of the City of Alameda, the transfer of the above referenced
Site from the City of Alameda to the Community Improvement Commission for a sum of
One Dollar ($1.00).
Final Passage of Ordinance # 5 -D
1 -20 -04
Section 2. 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 of the Council
Attest:
Lara Weisiger, City Clerk
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 , 2004, by the following vote 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 , 2004.
Lara Weisiger, City Clerk
City of Alameda