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Resolution 12822CITY OF ALAMEDA RESOLUTION NO. 12818 ADOPTING MITIGATED NEGATIVE DECLARATION, IS-95-10, FOR GENERAL PLAN AMENDMENT, GPA-96-1, REZONING, R-95-2, AND A DEVELOPMENT AND DISPOSITION AGREEMENT, FOR A PROPOSAL TO BE LOCATED AT 791 THAU WAY (ISLAND DRIVE-IN SITE) WHEREAS, an application was made on December 28, 1995 and June 13, 1996 by Thomas Quaglia on behalf of the Riding Company, for an Initial Study to determine the potential environmental effects that would be associated with General Plan Amendment to delete the specification that the site be developed with a minimum of 150 units in duplexes; a rezoning from Commercial-Manufacturing Planned Development (C-M-PD) to General Residential Planned Development (R- 5-PD); and a Planned Development to set out the development standards for the construction of 106 single family units; and WHEREAS, the Planning Board conditionally approved the Planned Development for 105 units; and WHEREAS, a proposed Mitigated Negative Declaration was !- circulated for public comment between July 12, 1996 and August 2, 1996; and WHEREAS, written comments were received from East Bay Municipal Utilities District on August 12, 1996 which advised that the District requests that water conserving fixtures and landscaping be used in the project and may require local infrastructure improvements to accommodate the project; and WHEREAS, Staff responded to these comments in a memorandum to the Planning Board dated August 12, 1996, which indicated that the requirement for water conserving fixtures will be required in compliance with the Uniform Plumbing Code regulations relative to the use of water conserving fixtures, the requirement for water conserving landscaping will be required in compliance with the City of Alameda Water Conservation Ordinance, Alameda Municipal Code Section 30-59, which requires the use of water conserving planting and irrigation methods, and the possible requirement for local infrastructure improvements will be addressed as part of the Tentative Map review for the project; and WHEREAS, the comments from East Bay Municipal Utilities District did not identify new significant impacts associated with this project; and WHEREAS, the project is located within the boundaries of the Business and Waterfront Improvement Project and designated as Mixed Use; and WHEREAS, the Planning Board held a public hearing on this Mitigated Negative Declaration on August 12, 1996, and examined pertinent maps, drawings, and documents and recommended to the City Council the adoption of the Mitigated Negative Declaration and the associated Mitigation Monitoring Program, attached hereto as Attachment "A"; and WHEREAS, the City Council held a public hearing on this Mitigated Negative Declaration on September 3, 1996, and has examined pertinent maps, drawings, and documents and has considered any written comments and testimony during the public hearing; and WHEREAS, the City Council has made the following findings: 1. The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish and wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. The site is in an urbanized area. No habitat for threatened plant or animal communities exist at the site. 2. The project does not have the potential to achieve short term, to the disadvantage of long term, environmental goals. The project will help implement the housing goals of the General Plan and the Housing Element. 3. The project does not have possible environmental effects which are individually limited but cumulatively considerable. All potentially significant effects associated with this project which have been identified will be mitigated. 4. The ,project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The proposal is for the construction of 106 single family homes. No significant impacts associated with this project have been identified. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that the City Council hereby adopts Mitigated Negative Declaration, IS-95-10, and the attached mitigation monitoring program. G:\CC\RES0\3IS9510 ATTACHMENT "A" MITIGATION MONITORING PROGRAM for Mitigated Negative Declaration (IS- 95 -10) for the construction of 106 single family dwellings at 791 Thau Way (former Island Drive -in site) Transportation /Circulation I. Impact The Traffic Study which evaluated the traffic impacts related to this project found that it will not affect the levels of service (LOS) at nearby intersections, except for the Atlantic Avenue /Webster Street where the project would worsen the LOS during the a.m. peak from LOS C to D by 2010. creased vehicle trips or traffic congestion. Mitigation Measure: The applicant shall be responsible for contributing on a pro rata basis to the cost of the Tinker /Tynan Roadway extension. The proportionate share shall be calculated by using the project's PM peak hour traffic increase at the Atlantic Avenue and Webster Street intersection. To offset the increase in traffic volumes at Atlantic Avenue /Challenger Drive and Marina Village Parkway /Challenger Drive, the applicant shall also contribute a pro rata traffic share via assessment district for needed traffic controls at Atlantic Avenue /Challenger Drive and at Marina Village Parkway /Challenger Drive. Responsibility: Applicant and City Engineer Actions: 1. Prior to the issuance of any building permit for the site, the applicant shall pay the required pro rata cost for the Tinker /Tynan Roadway extension. 2. The City Engineer shall advise the proponent of the pro rata share of the cost of the Tinker /Tynan Roadway extension assigned to the project. The Central Permits Office shall accept the payment, and advise the Planning Department once the payment has been received. II. Impact: The applicant is proposing a left turn lane on the westbound approach of Marina Village Parkway opposite the entry into the Marina Village Shopping Center. The Parkway has a median which will need to be modified so that it does not encroach into the southbound left turn from the shopping center. 1 Mitigation Measure: The median along Marina Village Parkway shall be modified in the area of the Marina Village entry into the site, to the satisfaction of the City Engineer. Responsibility: Applicant, City Engineer and. Public Works Department. Actions: 1. The developer of the site shall include, as part of the Improvement Plan for the entire site, a plan, for approval by the City Engineer, which shows modification of the median along Marina Village Parkway entry into the site. This plan shall be submitted prior to the issuance of any building permit for the site. Cost of the modification, including construction costs, shall be borne by the applicant. 2. The City Engineer shall review the plan submitted by the applicant and determine whether the plans comply with his requirements. The City Engineer shall advise the applicant and the Planning Department of his decision. 3. City Public Works Staff shall inspect the work upon completion to determine compliance with approved plans. III. Impact: Mitigation Measure: The project will increase the population in the area and the site is located in an area with extensive walkways and bicycle lanes. Many of the residents of the development would walk and/or bicycle to the nearby shopping center and parks. Site improvements, including crosswalks, stop signs, pavement markings (PED XING, STOP) and wheelchair ramps shall be required to provide safe access between the project and the adjacent shopping center, and shall be to the satisfaction of the City Engineer. Responsibility: Actions: 1. Applicant, City Engineer and Public Works Department. The developer of the site shall' include, as part of the Improvement Plan for the entire site, a plan, for approval by the City Engineer, which shows required site improvements, including crosswalks, stop signs, pavement markings and wheelchair ramps. This plan shall be submitted prior to the issuance of any building permit for the site. Cost of the site improvements, including construction costs, 2 shall be borne by the applicant. 2. The City Engineer shall review the plan submitted by the applicant and determine whether the plans comply with his requirements. The City Engineer shall advise the applicant and the Planning Department of his decision. 3. City Public Works Staff shall inspect the work upon completion to determine compliance with approved plans. IV. Impact: Construction of these 106 single family dwelling will increase the demand for public transit. Mitigation Measure: To accommodate the project's public transit demand in the area, the applicant shall provide a bus shelter at the existing bus stop on the south side of Marina Village Parkway east of Constitution Way. In order for the bus shelter to be installed, the applicant shall move the bus stop approximately 100 feet further east to the next luminaire. Responsibility: Applicant. and Public Works Department Action: 1 The applicant shall provide plans for a bus shelter at the existing bus stop on the south side of Marina Village Parkway east of Constitution Way. In order for the bus shelter to be installed, the applicant shall move the bus stop approximately 100 feet further east to the next luminaire. The Improvement Plan for the project shall reflect the bus shelter and relocation of the luminaire. Cost for the bus shelter, installation of the bus shelter and site modifications, including construction costs, shall be borne by the applicant. 2. Public Works Staff shall inspect the work upon completion to determine compliance with approved plans. g: \pb \reso \driveinm.mon 3 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 regular meeting assembled on the 3rd day of September , 1996, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. NOES: None. ABSENT: None. ABSENTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of September , 1996. Diane B. Felsch, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. '12821 SUPPORTING PROPOSITION 213 (THE PERSONAL RESPONSIBILITY ACT OF 1996) WHEREAS, many cities, counties and other local government agencies are often subjected to lawsuits because they are considered "deep pocket" resources; and WHEREAS, lawsuits can be brought against local government agencies by convicted felons who sustain accidental injuries while committing or fleeing from a crime; and WHEREAS, local governments must choose between defending themselves in court at a significant cost to taxpayers, or even though they are not at fault, settle with a plaintiff in order to save taxpayer dollars; and WHEREAS, in 1985 a state law was enacted to prevent felons from recovering monetary awards for accidental, non intentional injuries they sustained while committing their crimes; and WHEREAS, the 1985 law exempts several dangerous crimes, such as carjacking, resisting a peace officer, hate crimes, assault with a deadly weapon with use of a firearm, arson and child molestation; and WHEREAS, the 1985 law protects only property owners, which enables felons to recover monetary damages from innocent bystanders, business owners, and even local governments; and WHEREAS, under current law drunk drivers and uninsured motorists can sue law-abiding citizens for huge monetary awards in addition to being compensated for medical and other expenses; F and WHEREAS, these suits cost Californians at least $327 million every year; and WHEREAS, drunk drivers cost Californians in terms of lost lives, serious injuries to family members and friends and higher insurance premiums; and WHEREAS, in 1994, 1,488 people were killed in crashes caused by drunk drivers and 39,437 people were injured in collisions involving drunk drivers; and WHEREAS, on average, nearly 30% of all drivers on the.road in California are uninsured, and in some parts of California, the percentage of uninsured drivers is as high as 93%; and WHEREAS, law-abiding citizens already pay $1 billion in Uninsured Motorist insurance every year; and WHEREAS, Proposition 213 will prohibit convicted felons from suing law-abiding citizens, businesses and governments to pay for accidental injuries they sustain while committing or fleeing from their crimes; and WHEREAS, Proposition 213 will prevent convicted drunk drivers and uninsured motorists from suing law-abiding citizens for huge monetary awards for pain and suffering (non-economic damages) while preserving their rights to recover medical and other out-of-pocket expenses if they are involved in a collision; and WHEREAS, Proposition 213 will take the "profit" out of crime. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that the City Council hereby supports Proposition 213 (The Personal Responsibility Act of 1996) and urges the legislature to support any and all legislation which will assist cities in their attempts to minimize lawsuits. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a Certified Copy of this Resolution to Californians for Personal Responsibility, 915 "L" Street, Suite 1050, Sacramento, California 95814. 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 regular meeting assembled on the 17th day of September , 1996, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt and President Appezzato - 3. NOES: None. ABSENT: Councilmember Lucas - 1. ABSENTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of September , 1996. CITY OF ALAMEDA RESOLUTION NO. 12822 REAPPOINTING BONNIE J. MCKEAN AS A MEMBER OF THE CITY ECONOMIC DEVELOPMENT COMMISSION (COMMUNITY-AT-LARGE SEAT) BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2-14.2 of the Alameda Municipal Code and Resolution No. 12149, and upon nomination of the Mayor, BONNIE J. MCKEAN is hereby reappointed to the office of member of, the Economic Development Commission (Community-At-Large Seat) of the City of Alameda commencing October 1, 1996 and expiring on August 31, 2000 and to serve until her successor is appointed and qualified. * * * * * * ( 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 regular meeting assembled on the 1st day of October , 1996, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. NOES: None. ABSENT: None. ABSENTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of October , 1996. .4,•ce 12D Dia B. Felsch, City Clerk Cit of Alameda