Resolution 11088CITY OF ALAMEDA RESOLUTION NO. 11088
ORDERING SUBMISSION TO THE ELECTORS OF THE CITY
OF ALAMEDA AT THE GENERAL MUNICIPAL ELECTION TO
BE HELD IN SAID CITY ON APRIL 21, 1987, AN ORDINANCE
ENTITLED, "TRAFFIC MANAGEMENT INITIATIVE ORDINANCE
FOR THE CITY OF ALAMEDA," AND PROVIDING FOR NOTICE
THEREOF
WHEREAS, the Council of the City of Alameda hereby
proposes, on petition signed by ten percent (10%) of the
registered electors to submit to the voters of said City an
ordinance entitled, "Traffic Management Initiative Ordinance for
the City of Alameda", to be voted upon at the General Municipal
Election of the City of Alameda to be held on April 21, 1987;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that:
Section 1. An ordinance be submitted to the voters of
said City at said election, to read as follows:
CITY OF ALAMEDA ORDINANCE NO.
New Series
TRAFFIC MANAGEMENT INITIATIVE ORDINANCE
FOR THE CITY OF ALAMEDA
The People of the City of Alameda hereby ordain as follows:
Section I: Findings.
In many areas of the City the circulation system is
reaching capacity. Traffic studies indicate that proposed
development projects will produce unacceptable levels of traffic
congestion. If the City's Combined Land Use Plan (CLUP) is not
amended to establish reasonable and binding policies and
standards for traffic management, unacceptable traffic levels on
many major streets and intersections will result.
Section II: Purpose.
(a) This Ordinance is necessary to protect the public
health, safety and welfare of present and future residents of the
City and region by avoiding unnecessary and deleterious traffic
congestion. Such traffic congestion would: impede emergency
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a)
40
Grand St. Lincoln Ave.
Webster St. Atlantic Ave.
8th St.
Main St.
Buena Vista Ave.
Island Dr.
as well as the unsignalized intersections on Patton Way,
Mecartney Rd., Maitland Dr., Bridgeway Rd. and Island Dr.
2. Acceptable level of service shall mean Level Of
Service "C", provided, however, that such level of service shall
not exceed any of the following criteria:
a. Twenty-five (25) seconds or less average stop delay
per vehicle at major intersections for the fifteen (15) minute
peak period.
b. Those intersections operating at a Level Of Service
greater (worse) than C, as of the date of passage of this
Ordinance, shall not be allowed to deteriorate further."
c. An unacceptable level of traffic service shall mean
any level of service worse than Level Of Service (LOS) C as
defined herein.
3. Exemptions: New developments which fall within any
of the categories listed below shall be exempt from the
circulation standards enumerated herein, provided that the
Planning Commission and City Council make written findings
stating the exception granted and the facts justifying the
exception.
a. Any commercial or industrial project which has a
gross floor area equal to or less than 10,000 square feet (and
any parking incidental thereto); or rebuilding of existing
commercial building(s) which have been damaged or destroyed;
b. Any residential project of 25 dwelling units or less;
c. Any senior housing projects;
d. Facilities serving the health and safety of the
people, which facilities shall be defined as hospitals, police,
fire and safety facilities and schools;
e. Public benefit facilities, which shall be defined as
public libraries, public administration facilities, public parks
and recreation facilities, and religious facilities;
f. Any residential construction that does not increase
the number of permanent housing units on the parcel where
construction takes place, such as remodeling or rebuilding an
existing house;
g. A project shall be defined in a reasonable and common
sense fashion. This ordinance shall not permit a developer, or
associated developer(s), to seek serial exemptions in order to
avoid the requirements of this ordinance, such as the building of
multiple commercial or industrial units with each less than
10,000 square feet.
4. In estimating the circulation system impact of a
proposed project(s), reduced trip generation due to
Transportation System Management (TSM) measures shall not be
assumed."
Section V: Implementation
This Ordinance shall amend the Combined Land Use Plan
upon its effective date. If as many Combined Land Use Plan
amendments as are allowed by the state and local law have already
been approved during 1987, this Ordinance shall take effect on
January 1, 1988 and shall be the first Combined Land Use Plan
Amendment of that year Within a reasonable time but not later
than nine months after passage of this Ordinance, the City shall
review and amend, where necessary, the City Zoning Ordinance, and
any other planning policies and regulations to insure consistency
with the provisions of the Combined Land Use Plan as amended by
this Ordinance. In the interim, the projects may be approved
only if the City finds that such project(s) are consistent with
the standards set forth in this Ordinance.
(a) As of the date of passage of this Ordinance, all
intersections shall be presumed to be at LOS C or better, as
defined by the Highway Capacity Manual, unless the city makes a
traffic study of each intersection it believes/claims to be
greater (worse) than LOS C, and, based upon such study, publishes
a list of those intersections worse than C, not later than nine
(9) months after passage of this Ordinance.
(b) The level of service shall be measured during the
peak periods of 6:30 to 9:00 a.m. and 4:00 to 6:30 p.m. over a
minimum of three (3) typical weekdays, excluding public, school
or religious holidays.
Section VI: All traffic studies made, or caused to be made for
the benefit of the City of Alameda, or made in order to
comply with the requirements of this Ordinance, shall be a matter
of public record.
Section VII: This ordinance may be amended or repealed only by
the voters at a municipal election.
Section VIII: If any portion of this Ordinance is declared
invalid, the remaining portions are to be considered valid.
Section IX: Any resident of the City of Alameda shall have
standing to enforce this ordinance.
Section X: This ordinance shall be in full force and effect ten
(10) days from and after the declaration by the canvassing board
that this ordinance received a majority of the votes cast thereon
at the General Municipal Election held on April 21, 1987.
Section 2. At the General Municipal Election ordered to
be held in the City of Alameda on Tuesday, April 21, 1987, there
shall be submitted to the qualified voters of the City the
following measure:
MEASURE C PROPOSED ORDINANCE
Shall the "Traffic Management Initiative
Ordinance" be adopted amending sections
of the Combined Land Use Plan of the City
of Alameda to require prior to the approval
of any large land use entitlement that all YES .
signalized or other major intersections
impacted by the proposed use be operating
at Service Level C, defined as an average . NO .
twenty-five seconds or less delay during
the fifteen minute daily commute hour
peak period, all as fully set out in
Resolution No 11088 of the Council
of the City of Alameda?
Section 3. (a) All persons qualified to vote at
municipal elections in the City of Alameda upon the date of the
election herein provided for shall be qualified to vote upon the
measure submitted at said election.
(b) Only one form of ballot shall be used at said General
Municipal Election, which, in addition to all other matters
required by law to be printed thereon shall state the measure set
forth in Section 2 hereof.
(c) To vote in favor of the measure hereby submitted a
voter shall so indicate in the blank space opposite the word "YES"
on the ballot to the right of the measure, and to vote against
said measure a voter shall so indicate in the blank space
opposite the word "NO" on the ballot to the right of said
measure. The votes cast for and against the proposed measure
measure. The votes cast for and against the proposed measure
shall be counted separate and apart from all other measures to be
submitted at the General Municipal Election, and if a majority of
the qualified voters voting on the measure vote in favor thereof,
said measure shall be deemed ratified.
(d) The returns of said election shall be canvassed, made
out and signed by the election officers and shall be by them
deposited with the City Clerk, together with the ballots cast at
said election; and the results thereof shall be transmitted to
the Council who shall declare the results thereof in accordance
with the Charter of the City of Alameda and the laws of the State
of California.
Section 4. The City Clerk of the City of Alameda is
hereby directed upon the passage and adoption of this resolution
to publish a synopsis of the measure in the Alameda Times-Star
once a week for two successive weeks, in compliance with State
Government Code Section 6066 and State Elections Code Section
22835.
Section 5. The City Clerk shall cause copies of the
proposed ordinance to be printed in convenient pamphlet form and
shall mail a copy thereof, enclosed with the sample ballot, to
each voter at least ten (10) days prior to said election. She
-3' shall also, until the day fixed for the election, advertise in
the Alameda Times-Star a notice that such copies may be had at
her office in the City Hall, upon application therefor.
Section 6. If the aforesaid proposed ordinance receives
a majority of the votes cast thereon at said election, said
ordinance shall be enacted accordingly and go into effect ten
(10) days after the declaration by the canvassing board of the
result of said election.
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 special meeting
assembled on the 16th day of January, 1987,
by the following vote to wit:
AYES: Councilmembers Corica, Hanna, Monsef, and
President Diament.- 4.
NOES: None.
ABSENT: Councilmember Lucas - 1.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 16th day
of January, 1987.
Clerk of the City of Alameda