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Ordinance 2973CITY OFALAMEDAORDINANCE NO. 2973 New Series AMENDING ALAMEDA MUNICIPAL CODE BY REVISING VARIOUS SECTIONS OF CHAPTER II (ADMINISTRATION), CHAPTER VIII (TRAFFICMOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES) AND CHAPTER XII (DESIGNATED PARKING). TO MODIFY THE TRANSPORTATION COMMISSION'S PURPOSE AND AUTHORITY BE IT ORDAINED by the Council ofthe City of Alameda that: Section 1The Alameda Municipal Code is hereby amended by amending subsections 2-1 (Committee Established; Purpose), and 2-5 (Duties)of Section 2-(Transportation. Commission) of Article II (Boards and Commissions) of Chapter II (Administration) to read as follows: CHAPTER IIADMINlsTRA TION 8 TRANSPORTATION COMMISSION. 1 Committee Established; Purpose. The Transportation Commission is hereby established and authorized to perform the functions set forth herein. The Transportation Commission shall advise the City Council on City transportation policies, through thedevelopl1ent of transportation plans including but not limited to Transit Plan, Bike Plan, Circulation Plan, Pedestrian Plan, Ferry Plan, and Transportation Demand Management Plan and shall monitor, via quarterly staff. reports, implementation of approved transportation plans and policies. The Transportation Commission shall review proposed plans and policies with the Planning Board, where appropriate, prior to making recommendations to Council. The Transportation Commission may review major transportation. plans, including. project plans and documents that. affect transportation systems in the City for the purpose of providing comments and advising the Planning Board and/or City Council, when and where appropriate, on the consistency of the proposed plans or documents with established and/or adopted City of Alameda transportation policies. In no event shall the authority of the Transportation Commission subvert, duplicate, or lessen the authority, duties and responsibilities of existing City Committees, Commissions, Boards, and City Manager. 5 Duties. It shall be the duty of the Transportation Commission to:a. Develop transportation policy recommendations for Council approval. Such policy recommendations shall be consistent with other adopted City plans and policies. The Transportation Commission shall consider the economic, community development (including environmental, aesthetic, public health and safety, and social welfare) and legal impacts of any recommended policies. b. Review and advise the appropriate City departments committees, commissions, boards, and City Manager on transportation related documents.c. Review major transportation plans, . including project plans and documents. that affect transportation systems in the City for the purpose of providing comments and advising the Planning Board and/or City Council, when and where appropriate, on the consistency of the proposed plans or documents with established and/or adopted City of Alameda transportation policies.d. Adopt rules and regulations for the conduct of the meetings and business.e. Select from its membership a Chairperson. and a Vice Chairperson, each of whom shall serve in such offices for a term of one (1) year or until successors are selected. The Secretary of the Transportation Commission shall be the City Engineer or his or her designee.f. Review and provide recommendations on referrals submitted by Public Works Director pursuant to Alameda Municipal Code subsections 8-, 8-, 820.20.27. g. Perform the role as an appeals hearing board as designated in Alameda Municipal Code subsection 8- Section 2. The Alameda Municipal Codei is hereby amended repealing subsections 84.1 . (Definitions), 8..1.2. (Qualification; Quorum; Voting), 8- 3. (Meeting),. 8-1A(Duties), and, 8-5 (Appeal of Technical Transportation Team Decisions).ofSection 8-1. .(General) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) in their entirety. Section 3The Alameda Municipal Code is hereby amended by adding new subsections 8-1 (Duties), 8-2 (Notice of Decision), and 8-3 (Appeal of Public .Works Director Decisions), and 8-6 (Place of Traffic Control) of Section 8- 1 (General) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 1 GENERAL. 1 Duties. It shall be the duty of the Public Works Director to: a. Develop transportation implementation plans, standards and procedures, based upon generally accepted transportation engineering and planning standards and principles, to ensure the orderly operations of the Citys transportation systems. Such plans shall be consistent with other adopted City plans and policies. If no related City policy has previously been adopted, the proposed plan, standard, or procedure and any proposed recommended policy drafted by the Public Works Director shall be referred to the Transportation Commission for possible recommendation to City Council. b. Based upon recommendations made by Public Works engineering and transportation staff, utilize transportation implementation plansstandards and 'proceduresadminister and decide routine transportation operational issues. The Public Works Director, may refer the transportation operation issue to the Transportation Commission to seek its recommendation. 2 Notice of Decisions. Prior to executing decisions pursuant to his/her authority granted pursuant to Alameda Municipal Code subsections 8-, 8-, 8-, 8-, 8-, 8- 20.20.4, 8-24.1(b), 8-27., and 12-12., the Public Works Director shall provide a written notice of his/her decisions(s) to properties within three hundred (300) feet of the subject location and to as many other persons as he/she may deem advisable. The notice shall provide information bnthe appealprocess. 8-1.3 Appeal of Public Works Director Decisions.a. An appeal of a decision of the Public Works Director pursuant to sub-section 8-2 shall be heard by the Transportation Commission. Any interested person may fie an appeal of a decision of the Public Works Director by obtaining an appeal form from the Public Works Department or filing a letter with the Public Works Department. In the appeal, the applicantshallspecifically state the basis of the appeal and provide facts supporting the basis. The appellant shall submit the appeal to the Public Works Department within ten calendar (1 O)daysoFthe Public Works Directors decision along with the appeal fee as set forth by the Master Fee Resolution. Appeals will be considered by the Transportation Commission no later than the third regularly scheduled Transportation Commission meetings following the submittal of the appeal.b. In the event that it is not reasonable to provide prior notice of his/her decision as defined in Subsection 8-2 due to imminent safety concerns to the public, the Public Works Director may. act to ensure the safety. of the public on the Citys transportation system and abate the public safety concern prior to issuance of his/her decision. Notice of the action taken due to imminent safety concerns to the public shall be provided within two business days ofthe action. The Public Works Direction shall record all evidence, including the statement of any experts and photographs and video recordings of the condition of the transportation concern, together with a statement of his or her findings which support the immediate action. An action of the Public Works Director taken due to imminent safety concerns to the public may be appealed in the manner set forth in this sub- section. 6 Place of Traffic Control. The Chief of Police, in consultation with Public Works Director, is hereby granted the power to determine the streets and intersections on which, and the times atwhich, the movement of traffic shall be directed by a police officer. SectionAThe Alameda Municipal Code is hereby amended by amending subsections 8-(Stop Intersections), 8-(Yield Right of Way Intersections),2.4(Vehicles . Must Stop at Through Highways) 8-(Traffic Markings, Signageand Striping), and 8-8 (Yield, Signs) of Section 8-2 (Stop Intersections and Yield ,Intersections) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES STOP INTERSECTIONS AND YIELD INTERSECTIONS. 2 Stop Intersections. The Public Works Director shall, designate and establish stop intersections within the City ,of Alameda based on warrant systems established by the State of California 'Manual on Uniform ,Traffic Control Devices and/or locally established transportationstandardsJailored to address the unique transportation circumstances of the ,City of Alameda. In., determining the. need, for stop intersectionsJhe Public Works Director shall ensure that the new stop control es not divert a significant percentage of traffic to other neighborhoods or streets. As appropriate, the Public Works Director shall include an area-wide analysis of stop controls to ensure the impacts associated with the movement of traffic in residential neighborhoods are, adequately addressed to local standards. Stop intersections.. shall be ordered installed and maintained by the Public Works Director. Records detailing the locations of stop intersections, shall be maintained by the Public Works Director. 3 Yield Right of Way Intersections. The Public Works Director is hereby authorized to designate yield intersections for intersections of public, streets and highways within the City. Designation of yield intersection shall be based on warrant systems established by the State of California Manual on Uniform Traffic Control Devices and/or locally established transportation standards tailored to address the unique transportation circumstances of the City of Alameda. . Yield signs shall be ordered erected and maintained by ,the Public Works Director. Records of the locations and yielded movements shall be maintained in the Public Works Department. 4 Vehicles Must Stop at Through Highways. The driver of any vehicle upon approaching any entrance of a through highway or intersection controlled by a stop sign, as provided in this Code, shall stop at such sign before entering or crossing such highway or intersection; provided that the provisions of this subsection shall be non-operative at any such intersection when the traffic thereat. is directed and controlled by an officer, flag person, semaphore or other traffic signal device. 5 Traffic Markings, signage and Striping. The Public Works Director is hereby authorized to designate all traffic markingssignageandstriping required to control traffic within the City. All traffic markings, signageandstriping shall conform to uniform standards of size, shape and location as defined in the State of California Manual on Uniform Traffic Control Devices for Street and Highways. Except as otherwise specified herein, the Public Works Director shall cause to be installed and maintained all traffic markings signage and striping described herein. 8 Yield Signs. Unless otherwise specifically provided by the California Vehicle Code, the yield signs required in this section shall be erected at a height of not less than four (4') feet nor more than ten (10') feet from the ground, and shall carry the message Yield Right-of-Way" with letters of the word "yield" at least. six (6") inches height, and shall otherwise conform to the specifications as set forth in the State of CaliforniManualon Uniform' Traffic Control Devices for Streets and Highways. The sign shall be placed on the' right hand side of the street or highway at the entrance thereof into such street or highway to which the right-of-way is yielded. Section 5The Alameda Municipal Code is hereby amended amending subsections 8-4.4 (U Turns Prohibited) and 8-5 (Left Turns Restricted or Prohibited) of Section 8-4 (Turns and Approaches at Intersections) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES TURNS AND APPROACHES AT INTERSECTIONS. 4 U Turns Prohibited. The Public Works Director is hereby authorized, whenever traffic engineering studies or principles so indicates that for the safety or adequate flow of all modes of transportation, to prohibit U-turns at any particular intersection or place. The Public Works Director shall cause to be installed and maintained appropriate signage and markings at each such intersection and place. Records of the locations and prohibited movel1entsshall be maintained in. the' Public Works Department. 5 Left Turns Restricted or Prohibited. The Public Works' Director is hereby authorized, whenever traffic engineering studies or principles indicate for the safety or adequate' flow of all modes of. transportation at an intersection, to prohibit or restrict left turns at any intersection, or place.. The Public Works Director shall, cause to be installed appropriate signage and markings at such locations. Records ofthe locations and prohibited or restricted movements shall be maintained in the Public Works Department. Section 6The Alameda Municipal ,Code is hereby amended amending subsection 8-1 (Establishing Local Prima Facie Speed Limits) , section 8-5 (Prima ,Facie Speed. Limits) of Chapter VI" (Traffic, Motor Vehicles and Alternative Transportation Modes) toread as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES PRIMA FACIE SPEED LIMITS. 1 Establishing Local PrimaFacie Speed Limits. The Public Works Director, in consultation with the Chief of Police, shall establish the, prima facie speed limit on streets within the City of Alameda to facilitate the ,safe and orderly movement of all modes of transportation. The prima facie speed limits shall be established by ordinance or resolution pursuant to the applicable provisions of the California Vehicle Code and adopted City policy. The prima facie ,speed limit shall become ,effective when appropriate signs, ' giving noticethereof, are erected upon the. street. The Public Works Directormay refer the, issue to the Transportation Commission to seek its recommendation. The Public Works Director shall cause to be installed and maintained speed limit signs. Section 7The Alameda Municipal Code is hereby amended amending subsection 8-1 (Decreases in Weight Limits for Local Streets) of Section 8-6 (Limiting the Use of Streets to Certain Class Of Vehicles) of Chapter VI" (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 6 LIMITING THE USE OF STREETS TO CERTAIN CLASS OF VEHICLES. Decreases in Weight Limits for Local Streets. The Public Works Director is hereby authorized, whenever traffic engineering studies or principles indicated for the safety or adequate flow of all modes of transportation, to decrease the weight limits for any street or portion of street which ,shall be effectivewhen appropriate signage is erected giving notice thereof. It ,shall be unlawful for any owner, operator or driver of any motor vehicle whose gross weight exceeds three (3) tons except for those vehicles excepted by the California Vehicle Code, to drive, operate stop, stand or park such vehicles at anytime upon such designated streets. The Public Works Director shall cause to be installed and maintained appropriate signage ihdicatingthe restrictions herein imposed in a manner whichwillserveto give notice thereof. Records detailing locations and restricted weights shall be maintained in the Public Works Department. Section 8. The Alameda Municipal Code is hereby amended by amending subsections 8-1 (Parking Prohibited at All Times), 8-7.2 (Parking Prohibited During Certain Hours), 8-(Parking Time Limits) and 8-7.4 (Temporary Parking Prohibitions), of Section 8-7 (PARKING PROHIBITIONS) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 7 PARKING PROHIBITIONS. 1 Parking Prohibited at All Times. The Public Works Director is hereby authorized, whenever traffic engineering studies or principles indicate for the safety or adequate flow of all modes of transportation, to establish streets or portions thereof where parking is prohibited at., all times. These prohibitions shall be effective where appropriate signage is installed giving notice thereof or curbs painted red. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control signal device, it shall be unlawful to stop, park or leave standing, any vehicle, whether attended or unattended, on the designated named streets or portions thereof, at any time. The Public Works Director shall cause to be installed and maintained signage and/or red curbs. Records detailng the locations and limits of parking prohibitions shall be established and maintained in the Public Works Department. 2 Parking Prohibited During Certain Hours. The Public Works Director is hereby authorized, whenever traffic engineering studies or principles indicate for the safety of adequate flow of all modes of transportation, to prohibif parking during specified hours on streets or portions thereof. The prohibitions shall be effective when appropriate signage is installed giving notice thereof. It shall be unlawful to stop,park brleavestanding any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions bfa police officer or traffic control signal device, on the designated streets or portions thereof, during those hours. The Public Works Director shall cause to be installed and maintained signage of these prohibitions. Records shall be established and maintained by the Public Works Director detailing the location and limits of these prohibitions. 3 Parking. Time Limits. The Public.Works Director is. hereby authorized, based upon what generally accepted transportation. engineering and planning standards and principles indicated for the safety or adequate flow of all modes of transportation, to designate time limits and hours of operation for parking on any street or portion thereof. These limits shall be effective when appropriate sign age notifying thereof are installed. It shall be unlawful for any person to park any vehicle or allow the same toremain standing continuously for more than the time limit shown during thehours listed, at any of the places so designated. The Public Works Director shall cause. to be installed and maintained appropriate signage detailing the hours of operation and time limits.. Records shall be maintained by the Public Works Director which details the location, time limits and hours of operation of designated areas. 4 Temporary Parking Prohibitions. a. Whenever the use of a street or portion thereof is authorized for the movement of structures or vehicles of unusual size, parades, or construction and repairs to streets, it shall be unlawful to park on that portion of the street where signs giving notice that parking is prohibited and subject to tow have been posted for at least twenty-four (24) hours prior to towing. b. Whenever the Chiefof Police, in consultation with Public Works Director, determines that an . area has been. subjected. to excessive congestion as a result of unusually heavy parking, the Chief may order that the area be posted as a no parking zone for a period not to exceed seventy- two (72) hours. Section 9The Alameda Municipal Code is hereby amended amending subsections 8-1 (Angled Parking), 8-3 (Parking for Disabled), 8-8.4 (Official Vehicles. Designated Areas), and 8-5 (Vision Safety Zones) of Section 8 (GENERAL PARKING REGULATIONS) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 8 GENERAL PARKING REGULATIONS. 1 Angled Parking. . Recommendations for new and removal of existing angled parking locations shall be .made by .the Public Works Director to the Transportation Commission for. approval, whnever traffic. engineering studies or principles indicate the safe and adequate flow of all modes of transportation can be accommodated. . Upon approval by the Transportation Commission of the public street(s) or portion(s) thereof that should contain angled parking spaces, the Public Works Director shall designate and establish the specific locations and number of angled spaces. Vehicles placed in areas so designated shall be parked at the angle designated' and. shall park entirely within the marked spaces. The Public Works Director shall cause to have installed and maintained pavement markings which designate the angled parking spaces.. Records detailing the areas and angles for such parking shall be established and maintained in the Public Works Department. 3. Parking for Disabled. The Public Works DirectorTeam is hereby authorized to designate parking spaces for the disabled within public parking facilities or on any public street or portion thereof, based' upon generally. accepted transportation implementation standards and procedures. The Public Works Director shall cause to be installed and maintained appropriatesignage and/or blue curb markings designating them as such. Records shall be established and maintained detailing these locations and shall be available at the Public Works Department. 4 Official Vehicles Designated Areas. The City Manager, or his/her designee, is here authorized to designate parking spaces for official City of Alameda vehicles and official vehicles from other governmental jurisdictions within public parking facilities or on any public street or portion thereof. It shall be unlawful for any person to stop, park, or leave standing, any vehicleexcept official City of Alameda vehicles and official vehicles from other governmental jurisdictionsiri any area designated by. appropriatesignage. Records shall be establishedandrnaintaineddetailng these locations and shall be available at the Public Works Department. 5Intersection Visibilty Zones. The Public Works Director is hereby authorized, based upon what generally accepted transportation engineering and planning standards indicate for the safety or adequate flow of all. modes of transportation to designate Intersection Visibility Zones, , in accordance with the CVC Section 22507(a), at or near any intersection. The Public Works Director shall cause to be installed and maintained signage and markings designating the restriction and the limit of the zone. Records shall be established and maintained detailing these locations and shall be available at the Public Works Department. 8 Carpool parking. The Planning and Building Department Director, in consultation with Public Works Director, shall cause to be installed and maintained carpool parking at new developments in a manner and quantity as required in adapted City policies. Section 10. The Alameda Municipal Code is hereby amended by amending subsection 8-11.1 (Establishment of and Regulations Pertaining to Loading Zones) of Section 8-11 (LOADING ZONES) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 11 LOADING ZONES. 11.1 Establishment of and Regulations Pertaining to Loading Zones. a. The Public Works Director is hereby authorized, based upon what generally accepted transportation engineering and planning standard indicate forthe safety or adequate flow of all modes of transportation, to designate the location of loading zones and shall. designate such zones by paint upon curbs or by appropriate signs. b. The.operator of a vehicle is permitted to stop the vehicle for a period oftimeno longer than is necessary for the loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not consume more than ten (10) minutes, nor the loading or unloading of materials more than thirty . (30) minutes, in the following locations: 1.. Any marked loading zone; . Municipal parking lots. c. Within any business district, not more than one-half (1/2) of the total curb length inanyongplock maybe set apart as a loading zone. d. Re90rdsshallestablishand maintained detailing these locations and shall be available at the Public Works Department. Section 11. The Alameda Municipal Code .is hereby amended by amending. subsection 8-12.3 (Request for. Initial Review) of Section 8-12 (RULES OF PROCEDURE GOVERNING THE CONTEST OF PARKING CITATIONS AND EQUIPMENT VIOLATIONS). of Chapter VIII. (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 12 RULES OF PROCEDURE GOVERNING THE CONTEST OF PARKING CITATIONS AND EQUIPMENT VIOLATIONS. 12.3 Request for Initial Review. a. Time to Make Request. Any person receiving a parking citation or an equipment violation entered on a notice of parking violation may request an initial review of the citation by making a request not later than twenty-one (21) calendar days from the issuance of the notice of parking violation or not later than fourteen (14) days from the mailing of a notice of delinquent parking violation. b. Manner of Making Request. Any person making a request for an initial review may do so either by written request or in person at the City of Alameda, Finance Department. c. Initial Review; Cancellation of Citation. An initial review shall be conducted upon a request properly made. The notice of parking violation or notice of delinquent parking violation may be canceled if the initial review determines that: 1. The violation did not occur; 2. The 'registered owner was not responsible for the violation; 3. There are extenuating circumstances Which make dismissal of the citationappropriate in the interests of justice. d. Notification of Determination of Initial Review. Within five (5) days of the determination of the initial review, the Finance Department shall notify the person in writing of the results of the initial review. The initial review shall be conducted by the Traffic Sergeant of the Alameda Police Department. Section 12. The Alameda Municipal Code is hereby amended amending subsection 8-14.3 (No Cruising Zones) of Section 8-14 (CRUISING) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 14 CRUISING. 14.3 No Cruising Zones. a. PostingofNo Cruising Zones. 1. This section shall be enforced on any thoroughfare which has been posted as a "No Cruising Zone. 2. No Cruising signs shall be posted at the beginning and end of any public street or highway which is a No Cruising Zone. The signs shall reference California Vehicle Code Section 21100(k) and this section. b. Establishment and Policy of No Cruising Zones. The Chief of Police, in consultation with the Public Works Director, is hereby authorized to designate No Cruising Zones. The Public Works Director shall cause to install and maintain no cruising signage at the beginning and end of any public street or highway which has been ,established as a No Cruising Zone. Records shall be established and maintained detailing these locations and shall be available at the Public Works Department. Section 13. The Alameda Municipal Code is hereby amended amending subsection 8-17.1 (Driving on Estuary Bridges After Opening Signal) of Section 8-17 (TRAFFIC ON BRIDGES) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 17 TRAFFIC ON BRIDGES. 17.1 Driving on Estuary Bridges After Opening Signal. It shall be unlawful for any person to, drive any vehicle upon any of the bridges crossing the Oakland Inner Harbor Tidal ,Channel and the San Leandro Channel after the siren or other signal has announced that such bridge is about to be opened. (Ord. No. 535 N.S. 17-561) Section 14. The ,Alameda Municipal Code is hereby amended repealing 8-20.(Curb Extensions) and amending subsections 8-20. (Establishment of Pedestrian Signals), and 8-20.4 (Safe Route to Schools), of Section 8-20 (Pedestrians) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 20 PEDESTRIANS. 20.3 Establishment of Pedestrian Signals. The Public Works Director is hereby authorized, based upon what generally accepted transportation engineering and planning standards indicate for the safety or adequate flow of all modes of transportation, to install pedestrian signals. The Public Works Director may elect to refer the issue to the Transportation Commission to seek its recommendation. 20.4 Safe Route to Schools. The Public Works Director in consultation with the Chief of Police and the Alameda Unified School District, shall recommend Safe Routes to Schools. The Public Works Director may elect to refer the issue to the Transportation Commission to seek its recommendation. Section 15. The Alameda Municipal Code is hereby amended amending subsections, 8-21.1 (Establishment and Marking of Crosswalks or Pedestrian Lanes) of Section 8-21 (CROSSWALKS) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 21 CROSSWALKS. 21.1 Establishmentand Marking of Crosswalks or Pedestrian Lanes. a. The Public Works Director is hereby authorized, based upon what generally accepted transportation engineering and planning standards indicate for the safety or adequate flovv of all modes of transportation and pedestrians, to cause markers or lines to be placed and maintained along the boundary lines ofcrossvvalks or pedestrian lanes at all such street intersections and other points where in his/herjudgment there is a need. Section 16. The Alameda Municipal Code is hereby amended amending subsections 8-22.9 (Notice of Intention to Remove) 8-22.10 (Request for Hearing on Notices), and 8-22.11 (Hearing and Decision by Technical Transportation Team), of Section 8-22 (ABATEMENT, REMOVAL OF ABANDONED, WRECKEDDISMANTLED OR INOPERATIVE VEHICLES) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 22 ABATEMENT, REMOVAL OF ABANDONED, DISMANTLED OR INOPERATIVE VEHICLES. WRECKED, 22.9 Notice of Intention to Remove. Aten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: a. NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner oftheland) As owner shown on the last equalized assessment roll of the land located at(address), you are hereby notified that the undersigned pursuant to subsections 8-22.1 and following, Alameda Municipal Code, has determined that there exists upon the land an (or parts of an) abandoned wreckeddismantled or inoperative vehicle registered , license number , which constitutes a public nuisance pursuant to the provisions of Section 8-22 of the Alameda Municipal Code. You are hereby notified to abate the nuisance by the removal of the vehicle (or the parts of a vehicle) within ten (10) days from the date of mailing of this notice, and upon your failure to do. so. the . same wil be abated and removed by the City of Alameda and the costs thereof, together withadministrative costs,assessed. to. you asowner. of the land on which the vehicle (or the .partsofa vehicle) .is located. Asown.erotthe land on which the vehicle (or.the parts of a vehicle) is. located, you are hereby notified that you may,withinten (10) days after the mailingofthis notice ofintention, request a public hearing and ifsuch a request .not received. by. the Chief of Police within such ten (10) day period, the Chief of Police. shall have the authority to abate. and remove the vehicle (or the parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten. (10) day period denying responsibility for the presence of the vehicle (or the parts of a vehicle) on the land, with your reasonsJor denial, and such statement shall be construed as a request for hearing at which your. presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. Notice Mailed (date) Chief of Police Alameda, California b. NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and/or legal owner of record of vehicle--notice must be given to both if different) As last registered (and/or . legal) owner of record of (description of vehicle-make, model, license, etc.), you are hereby notified that the undersigned pursuant to subsections 8-22.1 and following, Alameda Municipal Code, has determined that the vehicle (or parts of a vehicle) exists as an. abandoned, . wrecked , . dismantled or inoperable vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Section 8-22 of the Alameda Municipal.Code. You are hereby notified to abate the nuisance by the removal of the vehicle (or the parts ofa vehicle) within ten (10) days from the date of mailing of this notice. As registered (and/or legal) owner of record of the vehicle (or the parts of a vehicle), you are hereby notified that you . may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such request is not received by the Traffic Advisory Committee within such ten (10) day periodthe Chiefof Pblice shalL have the authority to abate and remove the vehicle (or the parts of a vehicle) without a hearing. Notice Mailed (date) Chief of Police Alameda, California 22.10 Request for Hearing on Notices. Upon requestby the owner ofthe vehicle or owner of the land to the Chief of Police, which request is received within ten (10) days after mailing of the. notices of intention to abate and. remove, a public hearing shall be held by a Hearing Officer. The hearing shall be on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administration costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such ten (10) day period, the statement shall be construed as a request for . a hearing which does not require his/her presence. Notice of the hearing shall bemailed registered mail, at least ten (1 0) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is' in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within ten (10) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 22.11 Hearing and Decision by a Hearing Officer. a. All hearings under this section shall be held before the Hearing Officer which shall hear all facts and testimony he/she deems pertinent. The facts and testimony l1ay include testil10ny on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Hearing Offcer shall not be limited by the technical rules of evidence. The owner of the land may. appearin person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his/her reasons for such denial. b. The Hearing Officer may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this section. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the. public hearing, the Hearing Officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantledor inoperative on private or public property and order the same removed from the property as apublic nuisance and disposed .of as. hereinafter provided and determine .the administrative costs and. the. cost of removal.to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. Section 17. The Alameda Municipal Code is herebyamended by amending subsections 8-24.(Certain Vehicles Prohibited in Central Traffic District or Business District) and 8-24.2 (Necessity to be Loading or Unloading When Backed up to Curb), of Section 8-24 (FREIGHT TRAFFIC) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 24 FREIGHT TRAFFIC. 24.Certain Vehicles Prohibited in Central Traffic District or Business District. a. Truck Routes shall be as established by Citys General Plan except that temporary routing may be. designated by the Chief. of Police in consultation with the Public Works Director as deemed necessary for adequate and safe flow of all modes of transportation. b. Time of operation along. truck routes shall be established by the Public Works Director. The Public Works Director shall cause to install and maintain signage designating truck routes and hours of operation. When any such truck route or routes are established and designated by appropriate signs, the operator of any vehicle mentioned in this paragraph shall drive on such route .or routes and no other except when. it is impractical to do so or when necessary to traverse another street or streets to a destination for the purpose of loading or unloading, but then only by such deviation from the nearest freight route as reasonably necessary. 24.2 Necessity to be Loading or Unloading When Backed up to Curb. No vehicle shall remain backed up to the curb. except while being actually loaded or unloaded or where allowed by signage on any of the streets of the City. Section 18. The Alameda Municipal Code is hereby amended by amending subsections 8-27.(Transit Stops), and 8-27.5 (Transit Signage) of Section 8-27 (TRANSIT OPERATIONS) of Chapter VIII (Traffic, Motor Vehicles and Alternative Transportation Modes) to read as follows: CHAPTER VII TRAFFIC, MOTOR VEHICLES AND ALTERNATIVE TRANSPORTATION MODES 27 TRANSIT OPERATIONS 27.3 Transit Stops. The Public Works Director is authorized to approve locations of transit stops within the City limits including the displacement of up to three parking spaces. The Public Works Director may elect to refer the issue to the Transpot1ation Commission to seek its recommendation. . The Public Works Director shall cause to be installed andmaintained signage or red curb designating the transit stops. 27.5 Transit signage. A transit operator, after receiving approval' from the Public Works Director shall cause to have installed and maintained, transitsignage, within the City limits of Alameda. Section 19. The Alameda Municipal Code is hereby amended repealing subsection 12-12 (Penalty) and by amending subsections 12- (Establishment of Public Off-Street Parking Lots) and 12-10 (Street Sweeping Restrictions) of Section 12-4 (PUBLIC OFF-STREET PARKING LOTS)of Chapter XII (DESIGNATED PARKING) to read as follows: CHAPTER XII DESIGNATED PARKING 12-4 PUBLIC OFF-STREET PARKING LOTS. 12-1 Establishment of Public Off-Street Parking Lots. Public off-street parking lots, are hereby established, and include public off- street parking structures and off-street surface parking lots and all of the provisions of this section shall be applicable thereto. Records shall be established and maintained detailing these locations and shall be available at the Public Works Department. 12-10 Street Sweeping Restrictions. It shall be unlawful to stop, park, or leave standing any vehicle, whether attended or unattended, between the hours or 5:00 a.m. and 7:00 a., Sundays and holidays excepted, at all City Parking lots as identified and on file at the Public' Works Department. ARTICLE II ON-STREET PARKING METER ZONES Section 20. The Alameda Municipal Code is hereby amended amending subsection 12-12.1 (Established) of Section 12-12 (PARKING METER ZONES) of Chapter XII (DESIGNATED PARKING) to read as follows: CHAPTER XII DESIGNATED PARKING 12-12 PARKING METER ZONES. 12-12.1 Established. All streets or portians hereof which are within three hundred and fifty (350' feet of a business or commercial district per the Alameda Zoning Map and all City parking lots are hereby established as parking meter zones. The Public Works Director is hereby authorized to designate the location of parking meters within the established parking. meter zones in such numbers and at such particular places based upon what generally accepted transportation engineering and planning standards indicate for the safety or adequate flow of all modes of transportation. Section 21. The Alameda. Municipal Code. is hereby amended by repealing subsection .12-13.1 (Installation of Parking Meters) and 12-13.8 (Parking Plans) .of Section 12-13 (PARKING METERS) of Chapter XII (DESIGNATED PARKING) to read as follows: CHAPTER XII DESIGNATED PARKING 12-13 PARKING METERS. Section 22. The Alameda Municipal Code is hereby amended repealing subsections 12-16.2 and 12-16.3 of Section 12-16 (SUPPLEMENTARY REGULATIONS) of Chapter XII (DESIGNATED PARKING). Section 23. 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. Attest:I , /lLIIAj Lara Weisig'er, City Cler City of Alameda I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 16h dayof October, 2007 by the following vote to wit: AYES:Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the offcial seal of said City this 17day of October, 2007. (A W-y Lara Weisiger, Cityqier City of Alameda