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CityCouncil,2012-09-04,1,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - -SEPTEMBER 4, 2012- 7:00 P.M.
Mayor Gilmore convened the meeting at 7:06 p.m. Vice Mayor Bonta led the Pledge of
Allegiance.
ROLL CALL -
Present:
Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore - 5.
Absent:
None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(12-425) Proclamation Declaring the Week of September 15, 2012 as Pollution
Prevention Week.
Mayor Gilmore read and presented the Proclamation to Doug Siden and Sharol Nelson-
Embry, East Bay Regional Park District.
Ms. Nelson-Embry displayed items from past coastal cleanup days; stated some of the
smallest items can actually be quite pervasive and damaging to the environment and
animals.
In response to Councilmember Johnson's inquiry, Ms. Nelson-Embry stated nurdles are
used to make hard plastics and also come from bigger pieces of plastic; noted plastic
never really goes away.
Councilmember Johnson stated smokers should not litter cigarette butts.
ORAL COMMUNICATIONS, NON-AGENDA
(12-426) Ken Peterson, Alameda, made suggestions regarding the City's budget;
outlined how much the City should actually be spending.
CONSENT CALENDAR
Mayor Gilmore announced that the resolution extending the vehicle abatement program
[paragraph no. 12-437 was removed from the Consent Calendar for discussion.
Councilmember Tam moved approval of the remainder of the Consent Calendar.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote -
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September 4, 2012",CityCouncil/2012-09-04.pdf
CityCouncil,2012-09-04,2,"5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
(*12-427) Minutes of the Special City Council Meeting Held on June 26, 2012; the
Special and Regular City Council Meetings Held on July 3, 2012; and the Special City
Council Meetings and Regular City Council Meeting Held on July 17, 2012. Approved.
(*12-428) Ratified bills in the amount of $17,391,910.94.
(*12-429) Recommendation to Award a Contract in the Amount of $269,700, Including
Contingencies, to Pacheco Brothers for Landscape Maintenance of Median Strips and
Special Areas, No. P.W. 05-12-11. Accepted.
(*12-430) Recommendation to Award a Contract in the Amount of $53,328, Including
Contingencies, to Universal Building Services for Janitorial Service in City Buildings, No.
P.W. 05-12-12. Accepted.
(*12-431) Recommendation to Award a Contract in the Amount of $89,490, Including
Contingencies, to Prime Mechanical for Annual Heating, Ventilating, and Air
Conditioning Systems Maintenance in Various City Facilities, No. P.W. 05-12-13.
Accepted.
(*12-432) Recommendation to Award a Contract in the Amount of $608,600, Including
Contingencies, to Rosas Brothers Construction for Repair of Portland Cement Concrete
Sidewalk, Curb, Gutter, Driveway, and Minor Street Patching, Fiscal Year 2012-13,
Phase 13, No. P.W. 04-12-08. Accepted.
(*12-433) Recommendation to Accept the Work of Gallagher and Burk, Inc. for the City
of Alameda Various Streets Rehabilitation Project (Central Avenue), No. P.W. 02-09-04.
Accepted.
(*12-434) Recommendation to Approve an Agreement Between the Department of the
Army and the City of Alameda for the Bay Farm Island Shoreline Protection Study,
Provide a Local Match of $360,000, and Authorize the City Manager to Execute all
Required Documents. Accepted.
(*12-435) Recommendation to Accept $1,763,754 Grant from the Staffing for Adequate
Fire and Emergency Response Program (SAFER). Accepted.
(*12-436) Recommendation to Authorize the City Manager or His Designee to Enter into
a Purchase Agreement for the Replacement of a Fire Department Ambulance.
Accepted.
(12-437) Resolution No. 14727, ""Extending the Abandoned Vehicle Abatement Program
until May 31, , 2023."" Adopted.
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CityCouncil,2012-09-04,3,"Councilmember deHaan commended the Police Department for improvements in the
abandoned vehicle program; noted areas such as Clement Street have improved;
stated concerns regarding recreational vehicles have been addressed.
Councilmember Johnson stated enforcement has been improved since the Council
passed an Ordinance recently; noted the resolution is regarding participation in a
program which the City has participated in for 20 years.
Urged Council to review how the program works before adopting the resolution; stated
due process is not allowed prior to towing; discussed the regulations and committees
responsible for due process: Carol Gottstein, Alameda.
Mayor Gilmore requested a brief overview of the steps taken to abate vehicles.
The Police Chief gave a brief presentation on the process.
Mayor Gilmore inquired whether the warrant process is different from the abatement
process.
The Police Chief responded in the affirmative; stated people are given notices about the
upcoming abatement; Ms. Gottstein was given a couple extensions; staff works with
people in tough situations.
Councilmember Johnson requested a brief explanation of the program; stated the
resolution addresses participation in the program and does not define the City's
process.
The Police Chief stated the program provides funding for Alameda and a number of
organizations throughout Alameda County; funding comes through the Department of
Motor Vehicles (DMV); the resolution does not have to do with the City's process and is
just a funding mechanism for the program for the next ten years.
Councilmember Tam moved adoption of the resolution.
Councilmember Johnson seconded the motion, which carried by unanimous vote - 5.
(*12-438) Resolution No. 14728, ""Approving an Amendment to the City of Alameda
Executive Management Compensation Plan Established by Resolution 14699, to
Establish Salary and Benefits for the City Clerk."" Adopted.
REGULAR AGENDA ITEM
(12-439) Public Hearing to: 1) Consider An Appeal of the Planning Board's Decision to
Deny a Use Permit Amendment to Allow the Existing Convenience Store at the 76 Gas
Station Located at 1716 Webster Street to Sell Beer and Wine;
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September 4, 2012",CityCouncil/2012-09-04.pdf
CityCouncil,2012-09-04,4,"(12-439A) Resolution No. 14729, ""Upholding Planning Board Resolution PB-12-04
Planning Action to Deny Modified Use Permit PLN10-0153 to Allow the Sale of Alcohol
at a Convenience Store Located at 1716 Webster Street."" Adopted; and
(12-439B) Introduction of Ordinance Amending Sections 30-4.9A of the Alameda
Municipal Code Related to the C-C, Community Commercial Zone. Introduced.
The Acting City Planner gave a brief presentation and provided a revised resolution.
Councilmember Johnson inquired why the Zoning Text Amendment ordinance is part of
the same report as the appeal; stated that she does not think the ordinance should have
been part of the report; people looking at the report might not realize changes are being
made to the City's Zoning Ordinances.
The Acting City Planner responded the items are together because both were
generated by the Applicant's desire to redevelop; stated the Zoning Amendment is
necessary if the property owner is going to redevelop the site; the actions are separate.
Councilmember Johnson questioned whether notice people would expect the
ordinance change to would be part of a staff report on a project.
The Acting City Planner stated items could be separate in the future.
Mayor Gilmore inquired whether the Park Street Business Association (PSBA) weighed
in on the matter.
The Acting City Planner responded PSBA weighed in on the Zoning Text Amendment,
which changes the CC zoning and affects Park Street as well as Webster Street; stated
that he believes PSBA also supports the applicant's request to allow the alcohol sales.
Urged approval of the appeal and stated that it was unknown why the original restriction
on selling alcohol was present: Daniel Hoy, Project Architect, representing Delong Hu
In response to Councilmember Johnson's inquiry regarding the West Alameda Business
Association (WABA) opinion, Mr. Hoy stated WABA supports the appeal and would like
to see as many business opportunities on the street as possible.
Councilmember deHaan inquired about a Park Street project, to which the Acting City
Planner responded the project was a convenient store and issues were related to
cigarette sales.
Mayor Gilmore provided background information on the Park Street location; inquired
about neighbors' comments at Planning Board hearings.
The Acting City Planner responded neighbors were concerned about adding more
alcohol sales in that immediate neighborhood; neighbors noted there are a large
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CityCouncil,2012-09-04,5,"number of stores and liquor outlets right around the corner and in the immediate vicinity;
of the 13 places to buy alcohol in the Webster Street corridor, five locations are right
within a block of the location; alcohol can also be purchased at 22 bars and restaurants;
neighbors also felt there is a correlation between alcohol sales and crime in the area.
Councilmember Johnson inquired whether the City is going to prohibit other places from
selling alcohol; stated if so, a policy should be made so the City does not appear to be
arbitrary.
The Acting City Planner responded the Use Permit process allows the City to address
the matter on a case-by-case basis.
Councilmember Johnson inquired whether or not it would be better to let people know
the City's position is that there are enough places selling alcohol and more will not be
allowed.
The Acting City Planner responded in the affirmative; stated an agreement would need
to be reached on how to structure the zoning to make the right number clear; stated a
quota is one approach some cities have taken for different uses; clear standards could
be applied uniformly if an agreement could be reached; the counter argument is that
setting a limit or quota might prohibit a better business and essentially does not let the
market do its thing; said matters were discussed at a Planning Board meeting regarding
a Chinese restaurant; the decision was quotas would not be set for Park and Webster
Streets.
Councilmember Tam noted the same discussion came up about tattoo parlors; inquired
whether the Arco convenient store on Park Street and Encinal sells beer and wine, to
which the Acting City Planner responded in the affirmative.
Councilmember Tam inquired whether a Use Permit was required for the Arco station
and whether radius and saturation were reviewed.
The Acting City Planner responded that he does not know said history; stated Use
Permits are required for all convenient stores in Alameda.
Councilmember deHaan stated that he recalls the Webster Street Visioning discussions
about the transition from a Navy town loaded with bars; the area seems to be a hub of
Police activity; inquired if staff has determined whether liquor sales are a factor.
The Police Captain responded the City has had a slight increase in crime on the West
End and on the blocks surrounding Webster Street in the last year; that he could not say
the crime is directly related to alcohol sales.
Councilmember deHaan inquired whether there are loitering problems.
The Police Captain responded any liquor store would have people loiter; noted Alcohol
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CityCouncil,2012-09-04,6,"Beverage Control (ABC) licenses always have a condition that the owner will allow
loitering on the premises.
The Deputy City Manager provided background information on ABC licenses; noted
trying to get a license revoked is almost impossible.
Councilmember Johnson inquired how much of an economic disadvantage is caused
from not selling alcohol; questioned whether gas stations have to compete with other
stores.
Mr. Hoy responded the property owner met with a major convenient store operator;
stated an analysis was done regarding the store size and necessary proportion of the
store which should be dedicated to beer and wine; the amount was substantial.
Vice Mayor Bonta inquired whether staff had more information about PSBA's and
WABA's positions.
The Acting City Planner responded that he could not remember WABA's and PSBA's
reasoning other than wanting to support a local business person; noted that he did talk
with the organizations extensively about the Zoning Text Amendment.
Councilmember deHaan stated WABA and PSBA want operational consistency.
Vice Mayor Bonta inquired whether WABA and PSBA specifically referred to the issues
of alcohol saturation, residential concerns, and crime, to which the Acting City Planner
responded in the negative.
Mr. Hoy noted during the Webster Street Vision Study, WABA supported bringing in all
types of businesses.
Mayor Gilmore stated the current situation is not broad based; lots of businesses on
Webster already sell alcohol; WABA and PSBA want more businesses and speak for
members and not necessarily residents of the neighborhood; stated there are probably
fewer convenient stores on Park Street which sell alcohol than Webster Street; that she
is concerned permitting the easiest businesses would not necessarily attract the best
businesses.
Councilmember Johnson stated the City needs gas stations and gas stations are not
allowed in residential areas; questioned whether gas stations would survive without full
convenience stores.
Mayor Gilmore inquired whether the gas station across the street from the project sells
alcohol; if not, perhaps approval would cause the station to want to sell alcohol also.
The Acting City Planner responded alcohol is not sold at the gas station convenience
store across the street.
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CityCouncil,2012-09-04,7,"Councilmember Johnson inquired whether other gas stations on Webster Street sell
alcohol.
The Acting City Planner responded the five liquor stores in the immediate vicinity are
not at gas stations.
Councilmember Tam noted the new gas stations at Nob Hill, Safeway and Harbor Bay
do not have liquor sales.
The Acting City Planner noted the Planning Board was concerned about whether the
project approval would set a precedent and other businesses would also ask to sell
liquor.
Councilmember Tam moved adoption of the revised resolution [and introduction of the
ordinance].
Councilmember deHaan seconded the motion, which carried by unanimous voice vote -
5.
The Acting City Planner noted staff would re-notice the Zoning Text Amendment and
bring back the second reading in a month.
CITY MANAGER COMMUNICATIONS
(12-440) The City Manager announced that the extended agenda deadlines have been
in place for a year; some members of the public are still unaware of the extended
noticing requirement; urged the public to look at what the Council is considering and
contact elected officials with opinions or contact staff with questions prior to meetings;
stated the noticing allows the Council to have a well-informed discussion of items.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(12-441) Councilmember deHaan expressed concern with the condition of the Webster
Tube railing; further stated the Planning Board reviews upcoming items and perhaps the
Council should do so.
ADJOURNMENT
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CityCouncil,2012-09-04,8,"There being no further business, Mayor Gilmore adjourned the meeting at 8:18 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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September 4, 2012",CityCouncil/2012-09-04.pdf
CityCouncil,2012-09-04,9,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - -SEPTEMBER 4, 2012--6:00 P.M.
Mayor Gilmore convened the meeting at 6:04 p.m.
Roll Call -
Present:
Councilmembers Bonta, deHaan, Johnson, Tam and Mayor
Gilmore - 5.
[Note: Vice Mayor Bonta arrived at 6:17 p.m.]
Absent:
None.
The meeting was adjourned to closed session to consider:
(12-424) Conference with Legal Counsel - Existing Litigation (Pursuant to Subdivision
(a) of Section 54956.9); Name of Case: SCC Alameda Point, LLC, et al V. City of
Alameda, et al.; U.S. District Court Case No CV-10-5178; this is to discuss strategy
regarding a lawsuit brought by our former developer, SunCal, based on the Exclusive
Negotiating Agreement.
Following the closed session, the meeting was reconvened and Mayor Gilmore
announced that Council gave direction to staff.
Adjournment
There being no further business, Mayor Gilmore adjourned the meeting at 6:57 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
September 4, 2012",CityCouncil/2012-09-04.pdf