Title
Amend the Transportation Commission Rules and Procedures to Include Reference to Alameda Municipal Code 8-1.3 [Appeal of Public Works Director Decisions]. (Action)
Body
To: Honorable Chair and Members of the Transportation Commission
BACKGROUND
The Transportation Commission Bylaws are periodically amended by the Transportation Commission to improve its ability to carry out its role and responsibilities under the City of Alameda Municipal Code (AMC). The Transportation Commission last updated its Bylaws on March 22, 2023.
DISCUSSION
Per AMC 8-1.3 [Appeal of Public Works Director Decisions], the Transportation Commission is the arbiter when people file formal appeals for Public Works Director decisions related to items outlined in AMC 8-1.2 <https://library.municode.com/ca/alameda/codes/code_of_ordinances?nodeId=CHVIIITRMOVEALTRMO_8-1GE_8-1.2NODE> [Notice of Decisions], such as:
• Stop sign and bus stop placement
• Truck routes
• Pedestrian signals
• Certain parking regulations, like placement of short-term or disability parking zones
AMC 8-1.3a states: “An appeal of a decision of the Public Works Director pursuant to subsection 8-1.2 shall be heard by the Transportation Commission. Any interested person may file 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 applicant shall specifically 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 (10) calendar days of the Public Works Director's 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.”
Bylaw Addition
This role is not currently referenced in the Transportation Commission bylaws. In the “Purpose of the Commission” section of the bylaws, staff recommend adding the following sentence: “The TC also arbitrates formal appeals of certain types of transportation decisions made by the Public Works Director, including those authorized under Alameda Municipal Code Section 8-1.3 [Appeal of Public Works Director Decisions].” A red-line version of the Bylaws is in Exhibit 1.
Appeal Process
It is City practice to send two letters to nearby properties when recommending changes covered in AMC 8-1.2:
1. Notice of a recommended change with a given time frame for people to send feedback (this step is City practice)
2. Notice of a decision (this step is required by AMC 8-1.2)
Per AMC 8-1.2, people can submit a formal appeal within 10 days of the decision (step 2 above), and these appeals go to the Transportation Commission. Such appeals must include a written basis for the appeal and a fee to cover staff review. The current fee, as set in the Master Fee Schedule effective July 2022, is $1,617.
ENVIRONMENTAL REVIEW
Changes to the Transportation Commission’s Rules and Procedures is not a project subject to the California Environmental Quality Act.
RECOMMENDATION
Approve the amendment to the Transportation Commission Bylaws shown in Exhibit 1.
Respectfully submitted,
Lisa Foster, Senior Transportation Coordinator
Exhibit:
1. Transportation Commission Bylaws March 2023 with Tracked Changes
Relevant links:
• AMC 8-1.2 <https://library.municode.com/ca/alameda/codes/code_of_ordinances?nodeId=CHVIIITRMOVEALTRMO_8-1GE_8-1.2NODE> [Notice of Decisions]: <https://library.municode.com/ca/alameda/codes/code_of_ordinances?nodeId=CHVIIITRMOVEALTRMO_8-1GE_8-1.2NODE>
• AMC 8-1.3 [Appeal of Public Works Director Decisions]: <https://library.municode.com/ca/alameda/codes/code_of_ordinances?nodeId=CHVIIITRMOVEALTRMO_8-1GE_8-1.2NODE>
• Master Fee Schedule (effective July 2022): <https://www.alamedaca.gov/files/assets/public/departments/alameda/building-planning-transportation/building/exhibit-1-fiscal-year-2022-23-master-fee-schedule.pdf>